May 3, 1997 (Pages 2107-2276)

Pennsylvania Bulletin Volume 27 (1997) Repository

5-3-1997

Pennsylvania Legislative Reference Bureau

Follow this and additional works at: https://digitalcommons.law.villanova.edu/pabulletin_1997

Recommended Citation Pennsylvania Legislative Reference Bureau, "May 3, 1997 (Pages 2107-2276)" (1997). Volume 27 (1997). 18. https://digitalcommons.law.villanova.edu/pabulletin_1997/18

This May is brought to you for free and open access by the Pennsylvania Bulletin Repository at Villanova University Charles Widger School of Law Digital Repository. It has been accepted for inclusion in Volume 27 (1997) by an authorized administrator of Villanova University Charles Widger School of Law Digital Repository. PENNSYLVANIA BULLETIN See Part II page 2239 for the Volume 27 Number 18 Environmental Quality Board Saturday, May 3, 1997 • Harrisburg, Pa. Control of VOCs from Gasoline Dispensing Facilities (Stage II) Pages 2107—2276 See Part III page 2245 for the Part I Environmental Quality Board Water Supply Protection/Replacement Agencies in this issue: The Courts (Mining) Department of Agriculture See Part IV page 2255 for the Department of Banking Department of Community and Economic Environmental Quality Board Development Coal Mining Permitting and Department of Conservation and Natural Performance Standards Resources Department of Environmental Protection Department of General Services Department of Labor and Industry Department of Public Welfare Department of Revenue Environmental Hearing Board Environmental Quality Board Executive Board Independent Regulatory Review Commission Insurance Department Liquor Control Board Milk Marketing Board Pennsylvania Public Utility Commission Susquehanna River Basin Commission Treasury Department Turnpike Commission Detailed list of contents appears inside.

PRINTED ON 100% RECYCLED PAPER Latest Pennsylvania Code Reporter (Master Transmittal Sheet):

No. 270, May 1997

published weekly by Fry Communications, Inc. for the PENNSYLVANIA BULLETIN Commonwealth of Pennsylvania, Legislative Reference Bu- reau, 647 Main Capitol Building, State & Third Streets, (ISSN 0162-2137) Harrisburg, Pa. 17120, under the policy supervision and direction of the Joint Committee on Documents pursuant to Part II of Title 45 of the Pennsylvania Consolidated Statutes (relating to publication and effectiveness of Com- monwealth Documents). Subscription rate $80.50 per year, postpaid to points in the United States. Individual copies $2. Checks for subscriptions and individual copies should be made payable to ‘‘Fry Communications, Inc.’’ Periodicals postage paid at Harrisburg, Pennsylvania. Postmaster send address changes to: Orders for subscriptions and other circulation matters FRY COMMUNICATIONS should be sent to: Attn: Pennsylvania Bulletin Fry Communications, Inc. 800 W. Church Rd. Attn: Pennsylvania Bulletin Mechanicsburg, Pennsylvania 17055-3198 800 W. Church Rd. (717) 766-0211 ext. 340 Mechanicsburg, PA 17055-3198 (800) 334-1429 ext. 340 (toll free, out-of-State) (800) 524-3232 ext. 340 (toll free, in State) Copyright ௠ 1997 Commonwealth of Pennsylvania ISBN 0-8182-0004-9 Editorial preparation, composition, printing and distribution of the Pennsylvania Bulletin is effected on behalf of the Commonwealth of Pennsylvania by FRY COMMUNICATIONS, Inc., 800 W. Church Road, Mechanicsburg, Pennsylvania 17055-3198. 2109 Contents

THE COURTS DEPARTMENT OF PUBLIC WELFARE Notices CRIMINAL PROCEDURAL RULES Application for the HUD ‘‘Balance of State’’ Home- Order amending Rules 75 and 84; no. 219; doc. no. less Funds ...... 2148 2 ...... 2116 Medical Assistance Program fee schedule revisions; Order adopting new Rules 87 and 88; amending 1997 HCPCS updates ...... 2201 Rule 145; and approving Rule 83 comment revisions; no. 220; doc. no. 2 ...... 2118 DEPARTMENT OF REVENUE Order approving comment revisions to Rules 1403 Proposed Rulemaking and 1405; no. 221; doc. no. 2 ...... 2121 Return of information as to payment in excess of DISCIPLINARY BOARD OF THE SUPREME COURT $10...... 2125 Transfer of attorneys to inactive status...... 2122 Notices Pennsylvania Card Shark Instant Lottery Game ....2204 Pennsylvania Cash Cow ’97 Instant Lottery Game . . 2205 EXECUTIVE AGENCIES Pennsylvania Fat Cat Doubler Instant Lottery Game...... 2206 DEPARTMENT OF AGRICULTURE Pennsylvania Kash Kabob Instant Lottery Game . . . 2208 Proposed Rulemaking Pennsylvania Two For The Money Instant Lottery Peach and Nectarine Research Program ...... 2124 Game...... 2211 DEPARTMENT OF BANKING ENVIRONMENTAL HEARING BOARD Notices Notices Action on applications...... 2146 Phillip and Eleanor Ziccardi v. DEP and Insurance Company of North America; doc. no. 96-115-R ....2213 DEPARTMENT OF COMMUNITY AND ECONOMIC ENVIRONMENTAL QUALITY BOARD DEVELOPMENT Proposed Rulemaking Notices Coal mining permitting and performance standards Application for the HUD ‘‘Balance of State’’ Home- (Part IV) ...... 2255 less Funds ...... 2148 Control of VOCs from gasoline dispensing facilities DEPARTMENT OF CONSERVATION AND NATURAL (Stage II) (Part II) ...... 2239 RESOURCES Gasoline volatility ...... 2130 Oil and gas amendments ...... 2126 Notices Water supply protection/replacement (mining) (Part Conservation and Natural Resources Advisory III) ...... 2245 Council; meeting notice ...... 2148 Funding available for recreational trail grants ...... 2149 EXECUTIVE BOARD DEPARTMENT OF ENVIRONMENTAL PROTECTION Statements of Policy See also ENVIRONMENTAL QUALITY BOARD Reorganizations: Department of General Services ...... 2143 Notices Department of Public Welfare ...... 2143 Applications, actions and special notices...... 2149 Formation of new technical advisory committees for INDEPENDENT REGULATORY REVIEW air and water...... 2197 COMMISSION Proposed amendments to water quality standards— Notices antidegradation policy...... 2198 Actions taken by the Commission ...... 2213 Proposed State plan to implement emission guide- Notice of filing of final-form rulemakings ...... 2215 lines for municipal solid waste (MSW) landfills; public hearing ...... 2198 INSURANCE DEPARTMENT Notices DEPARTMENT OF GENERAL SERVICES Allstate Insurance Company; private passenger au- Notices tomobile insurance...... 2215 Contract awards ...... 2236 Application for acquisition...... 2216 State contracts information...... 2224 Application for an insurance premium finance com- DEPARTMENT OF LABOR AND INDUSTRY pany license ...... 2216 Application for voluntary dissolution ...... 2216 Notices Public availability of filed documents...... 2216 Current Prevailing Wage Act debarments...... 2199 Request for domestication ...... 2217 Sub-State resource distribution ...... 2199 Review procedure hearings; cancellation or refusal of insurance (2 documents) ...... 2217

PENNSYLVANIA BULLETIN, VOL. 27, NO. 18, MAY 3, 1997 2110

LIQUOR CONTROL BOARD SUSQUEHANNA RIVER BASIN COMMISSION Notices Notices Expiration of leases ...... 2218 Comprehensive Plan; Fee Schedule ...... 2222 MILK MARKETING BOARD TREASURY DEPARTMENT Notices Notices Presubmission schedule, prehearing conference and Request for proposals ...... 2222 hearing: Milk Marketing Area No. 1 ...... 2218 TURNPIKE COMMISSION Milk Marketing Area No. 5 ...... 2219 Notices Request for proposals (3 documents) ...... 2223 PENNSYLVANIA PUBLIC UTILITY COMMISSION Proposed Rulemaking Perfection of security interests in intangible transition property ...... 2134 Notices Bell Atlantic-Pennsylvania, Inc. and 360° Communi- cations Company—telecommunications ...... 2222 Delegation of certain routine, ministerial and nonpolicymaking public meeting agenda items ....2220 Service of notice of motor carrier applications...... 2220

PENNSYLVANIA BULLETIN, VOL. 27, NO. 18, MAY 3, 1997 2111 READER’S GUIDE TO THE PENNSYLVANIA BULLETIN AND PENNSYLVANIA CODE Pennsylvania Bulletin proposal must be published in the Pennsylvania The Pennsylvania Bulletin is the official gazette of Bulletin before it can take effect. If the agency the Commonwealth of Pennsylvania. It is published wishes to adopt changes to the Notice of Proposed every week and includes a table of contents. A Rulemaking to enlarge the scope, they must re- cumulative subject matter index is published quar- propose. terly. Citation to the Pennsylvania Bulletin The Pennsylvania Bulletin serves several pur- Cite material in the Pennsylvania Bulletin by poses. First, it is the temporary supplement to the volume number and page number. Example: Volume Pennsylvania Code, which is the official codification 1, Pennsylvania Bulletin, page 801 (short form: 1 of agency rules and regulations and other statuto- Pa.B. 801). rily authorized documents. Changes in the codified text, whether by adoption, amendment, repeal or Pennsylvania Code emergency action must be published in the Pennsyl- The Pennsylvania Code is the official codification vania Bulletin. Further, agencies proposing changes of rules and regulations issued by Commonwealth to the codified text do so in the Pennsylvania agencies and other statutorily authorized docu- Bulletin. ments. The Pennsylvania Bulletin is the temporary Second, the Pennsylvania Bulletin also publishes: supplement to the Pennsylvania Code, printing Governor’s Executive Orders; State Contract No- changes as soon as they occur. These changes are tices; Summaries of Enacted Statutes; Statewide then permanently codified by the Pennsylvania and Local Court Rules; Attorney General Opinions; Code Reporter, a monthly, loose-leaf supplement. Motor Carrier Applications before the Public Utility The Pennsylvania Code is cited by title number Commission; Applications and Actions before the and section number. Example: Title 10 Pennsylva- Department of Environmental Protection; Orders of nia Code, § 1.1 (short form: 10 Pa.Code § 1.1). the Independent Regulatory Review Commission; and other documents authorized by law. Under the Pennsylvania Code codification system, each regulation is assigned a unique number by The text of certain documents published in the title and section. Titles roughly parallel the organi- Pennsylvania Bulletin is the only valid and enforce- zation of Commonwealth government. Title 1 Penn- able text. Courts are required to take judicial notice sylvania Code lists every agency and its correspond- of the Pennsylvania Bulletin. ing Code title location. There are no restrictions on the republication of How to Find Documents official documents appearing in the Pennsylvania Bulletin. Search for your area of interest in the Pennsylva- nia Code. Adoption, Amendment or Repeal of Regulations The Pennsylvania Code contains, as Finding Aids, subject indexes for the complete Code and for each Generally an agency wishing to adopt, amend or individual title, a list of Statutes Used As Authority repeal regulations must first publish in the Pennsyl- for Adopting Rules and a list of annotated cases. vania Bulletin a Notice of Proposed Rulemaking. Source Notes give you the history of the documents. There are limited instances where the agency may To see if there have been recent changes, not yet omit the proposal step; they still must publish the codified, check the List of Pennsylvania Code Chap- adopted version. ters Affected in the most recent issue of the Penn- The Notice of Proposed Rulemaking contains the sylvania Bulletin. full text of the change, the agency contact person, a The Pennsylvania Bulletin also publishes a quar- fiscal note required by law and background for the terly List of Pennsylvania Code Sections Affected action. which lists the regulations in numerical order, The agency then allows sufficient time for public followed by the citation to the Pennsylvania Bulle- comment before taking final action. An adopted tin in which the change occurred.

SUBSCRIPTION INFORMATION: (717) 766-0211 GENERAL INFORMATION AND FINDING AIDS: (717) 783-1530

PENNSYLVANIA BULLETIN, VOL. 27, NO. 18, MAY 3, 1997 2112

Printing Format Material proposed to be added to an existing rule or regulation is printed in bold face and material proposed to be deleted from such a rule or regulation is enclosed in brackets []and printed in bold face. Asterisks indicate ellipsis of Pennsylvania Code text retained without change. Proposed new or additional regulations are printed in ordinary style face.

Fiscal Notes Section 612 of The Administrative Code of 1929 (71 P. S. § 232) requires that the Office of Budget prepare a fiscal note for regulatory actions and administrative procedures of the administrative departments, boards, commissions or authorities receiving money from the State Treasury stating whether the proposed action or procedure causes a loss of revenue or an increase in the cost of programs for the Commonwealth or its political subdivisions; that the fiscal note be published in the Pennsylvania Bulletin at the same time as the proposed change is advertised; and that the fiscal note shall provide the following information: (1) the designation of the fund out of which the appropriation providing for expenditures under the action or procedure shall be made; (2) the probable cost for the fiscal year the program is implemented; (3) projected cost estimate of the program for each of the five succeeding fiscal years; (4) fiscal history of the program for which expenditures are to be made; (5) probable loss of revenue for the fiscal year of its implementation; (6) projected loss of revenue from the program for each of the five succeeding fiscal years; (7) line item, if any, of the General Appropriation Act or other appropriation act out of which expenditures or losses of Commonwealth funds shall occur as a result of the action or procedures; (8) recommendation, if any, of the Secretary of the Budget and the reasons therefor. The required information is published in the foregoing order immediately following the proposed change to which it relates; the omission of an item indicates that the agency text of the fiscal note states that there is no information available with respect thereto. In items (3) and (6) information is set forth for the first through fifth fiscal years; in that order, following the year the program is implemented, which is stated. In item (4) information is set forth for the current and two immediately preceding years, in that order. In item (8) the recommendation, if any, made by the Secretary of Budget is published with the fiscal note. See 4 Pa. Code § 7.231 et seq. Where ‘‘no fiscal impact’’ is published, the statement means no additional cost or revenue loss to the Commonwealth or its local political subdivision is intended.

PENNSYLVANIA BULLETIN, VOL. 27, NO. 18, MAY 3, 1997 2113 List of Pa. Code Chapters Affected The following numerical guide is a list of the chapters of each title of the Pennsylvania Code affected by documents published in the Pennsylvania Bulletin during 1997.

4 Pa. Code (Administration) 275...... 521 Adopted Rules 277...... 521 1 ...... 919, 1003, 1007 279...... 521 5 ...... 921, 1782, 1918 281...... 521 7 ...... 921, 1005, 1781, 1785 283...... 521 285...... 521, 1794 Statements of Policy 287...... 521 9 ...... 450, 737, 1048, 1367, 1656, 2143 Proposed Rulemaking 77...... 875 7 Pa. Code (Agriculture) 78...... 2126 Adopted Rules 79...... 2126 3 ...... 1791 80...... 2126 5 ...... 1791 86...... 730, 1446, 2255 7 ...... 1791 87...... 2245, 2255 8 ...... 1791 88...... 2245, 2255 9 ...... 1791 89...... 2255 110...... 1793 90...... 2255 92...... 1459 Proposed Rulemaking 93...... 1449, 1561 104...... 2124 95...... 1459 101...... 1459 10 Pa. Code (Banks and Banking) 103...... 1553 Proposed Rulemaking 121...... 1822, 1829, 2130 11...... 1813 122...... 1822 13...... 1813 123...... 1822, 1829 17...... 1813 126...... 2130 35...... 1813 129...... 2239 41...... 1813 137...... 1822 42...... 807 139...... 1822, 2130 61...... 1809 171...... 735 63...... 1809 271...... 893 65...... 1809 272...... 893 67...... 1809 273...... 893 277...... 893 13 Pa. Code (Commerce and Trade) 279...... 893 Adopted Rules 281...... 893 57...... 1645 283...... 893 Statements of Policy 285...... 893 55...... 1369 287...... 893 288...... 893 16 Pa. Code (Community Affairs) 289...... 893 Adopted Rules 291...... 893 15...... 18 293...... 893 295...... 893 22 Pa. Code (Education) 297...... 893 Proposed Rulemaking 299...... 893 49...... 2011 101...... 1648 Statements of Policy 83...... 1472 25 Pa. Code (Environmental Protection) Adopted Rules Proposed Statements of Policy 260...... 237 15...... 1473 261...... 237 262...... 237 28 Pa. Code (Health and Safety) 263...... 237 Proposed Rulemaking 264...... 237 6 ...... 1939 265 (with correction) ...... 237, 413 13...... 1553 266...... 237 15...... 1553 270...... 237 25...... 1939 271...... 521 29...... 928 272...... 521 701...... 1815 273...... 521 709...... 1815

PENNSYLVANIA BULLETIN, VOL. 27, NO. 18, MAY 3, 1997 2114

711...... 1815 3290 ...... 1579 713...... 1815 58 Pa. Code (Recreation) 31 Pa. Code (Insurance) Adopted Rules Adopted Rules 51...... 1153 66...... 19 53...... 1153 163...... 295 61...... 1155 65...... 1155 Proposed Rulemaking 69...... 1155, 1934 111...... 1565 91...... 1156 113...... 1564, 1848 97...... 1156 117...... 1845 99...... 1156 131...... 1941 111...... 1156, 1934 137...... 1850 115...... 1156 135...... 1646 34 Pa. Code (Labor & Industry) 141 (with correction) ...... 313, 586 Statements of Policy 122...... 1731 Proposed Rulemaking 53...... 1159 37 Pa. Code (Law) 61...... 1653 Adopted Rules 65...... 1468 81...... 1929 67...... 1468 69...... 1468 40 Pa. Code (Liquor) 105...... 1159 Proposed Rulemaking 109...... 1159 3 ...... 1852 139...... 928 5 ...... 1852 141...... 1364 7 ...... 1852 143...... 928 9 ...... 1852 147...... 1161, 1364 11...... 1852 13...... 1852 Statements of Policy 15...... 1852 57...... 317, 1944

49 Pa. Code (Professional and Vocational Standards) 61 Pa. Code (Revenue) Adopted Rules Proposed Rulemaking 5 ...... 413 31...... 933 117...... 2125 Proposed Rulemaking 899...... 1939 9 ...... 1566 33...... 1577 67 Pa. Code (Transportation) Adopted Rules Proposed Statements of Policy 457...... 1798 21...... 194 476...... 1352 52 Pa. Code (Public Utilities) Proposed Rulemaking Adopted Rules 105...... 1821 1 ...... 414 3 ...... 414 201 Pa. Code 5 ...... 414 Adopted Rules 53...... 301 7 ...... 794 57...... 414 59...... 414 204 Pa. Code (Judicial System General Provisions) 65...... 799 Adopted Rules 69...... 799 71...... 795, 796 73...... 797 Proposed Rulemaking 82...... 411 1 ...... 2134 83...... 1434 53...... 1012, 1027 85...... 1643, 2037 54...... 1012, 1027 89...... 288 57...... 1162 91...... 1643, 2038 58...... 1165 93...... 1643, 2037 74...... 2134 211 (with correction) ...... 289 Unclassified ...... 809, 934 303 (with correction) ...... 1252, 1548

Statements of Policy Proposed Rulemaking 69...... 1658 303...... 289

55 Pa. Code (Public Welfare) 207 Pa. Code (Judicial Conduct) Statements of Policy Adopted Rules 3270 ...... 1579 3 (with correction) ...... 1010, 1920, 2041 3280 ...... 1579 5 (with correction) ...... 1010, 1920, 2042

PENNSYLVANIA BULLETIN, VOL. 27, NO. 18, MAY 3, 1997 2115

210 Pa. Code (Appellate Procedure) 1910 ...... 1434 Adopted Rules 2300 ...... 1434 65...... 715 2950 ...... 1434 67...... 1282 2970 ...... 1434 3000 ...... 1434 225 Pa. Code (Rules of Evidence) 4000 ...... 924, 1443 Unclassified ...... 1282 234 Pa. Code (Rules of Criminal Procedure) 231 Pa. Code (Rules of Civil Procedure) Adopted Rules Adopted Rules 200...... 293, 1921 50...... 2116,2118 1300 ...... 1441 100...... 2118 1900 ...... 715 1400 ...... 2121 1910 ...... 722, 1549 1920 ...... 2042 249 Pa. Code (Philadelphia Rules) 3000 ...... 1441, 2045 Unclassified ...... 926, 1790 4000 ...... 1443, 1921 Unclassified ...... 581 252 (Allegheny County Rules) Unclassified ...... 581 Proposed Rulemaking 200...... 924, 1434 255 Pa. Code (Local Court Rules) 400...... 1434 Unclassified ...... 8,12,16,17, 188, 294, 412, 1000 ...... 924, 1434 583, 584, 723, 727, 798, 1011, 1300 ...... 1434 1152, 1552, 1644, 1927, 2047

PENNSYLVANIA BULLETIN, VOL. 27, NO. 18, MAY 3, 1997 2116

PENNSYLVANIA BULLETIN, VOL. 27, NO. 18, MAY 3, 1997 PENNSYLVANIA BULLETIN

Volume 27 Number 18 Saturday, May 3, 1997 • Harrisburg, Pa.

Part II

This part contains the Environmental Quality Board Control of VOCs from Gasoline Dispensing Facilities (Stage II)

Volume 27 Number 18 Saturday, May 3, 1997 • Harrisburg, Pa.

Part III

This part contains the Environmental Quality Board Water Supply Protection/Replacement (Mining)

Volume 27 Number 18 Saturday, May 3, 1997 • Harrisburg, Pa.

Part IV

This part contains the Environmental Quality Board Coal Mining Permitting and Performance Standards

PRINTED ON 100% RECYCLED PAPER published weekly by Fry Communications, Inc. for the PENNSYLVANIA BULLETIN Commonwealth of Pennsylvania, Legislative Reference Bu- reau, 647 Main Capitol Building, State & Third Streets, (ISSN 0162-2137) Harrisburg, Pa. 17120, under the policy supervision and direction of the Joint Committee on Documents pursuant to Part II of Title 45 of the Pennsylvania Consolidated Statutes (relating to publication and effectiveness of Com- monwealth Documents). Subscription rate $80.50 per year, postpaid to points in the United States. Individual copies $2. Checks for subscriptions and individual copies should be made payable to ‘‘Fry Communications, Inc.’’ Periodicals postage paid at Harrisburg, Pennsylvania. Postmaster send address changes to: Orders for subscriptions and other circulation matters FRY COMMUNICATIONS should be sent to: Attn: Pennsylvania Bulletin Fry Communications, Inc. 800 W. Church Rd. Attn: Pennsylvania Bulletin Mechanicsburg, Pennsylvania 17055-3198 800 W. Church Rd. (717) 766-0211 ext. 340 Mechanicsburg, PA 17055-3198 (800) 334-1429 ext. 340 (toll free, out-of-State) (800) 524-3232 ext. 340 (toll free, in State) Copyright ௠ 1997 Commonwealth of Pennsylvania ISBN 0-8182-0004-9 Editorial preparation, composition, printing and distribution of the Pennsylvania Bulletin is effected on behalf of the Commonwealth of Pennsylvania by FRY COMMUNICATIONS, Inc., 800 W. Church Road, Mechanicsburg, Pennsylvania 17055-3198. 2116 THE COURTS Title 234—RULES OF ***** Ordinarily, pursuant to Rule 84, the issuing au- CRIMINAL PROCEDURE thority must conduct a summary trial in the defendant’s absence. However, if the issuing authority PART I. GENERAL determines that there is a likelihood that the sen- [234 PA. CODE CH. 50] tence will be imprisonment or that there is other good cause not to conduct the summary trial, the Order Amending Rules 75 and 84; No. 219; Doc. issuing authority may issue a warrant for the No. 2 arrest of the defendant pursuant to paragraph (2) in order to bring the defendant before the issuing Order authority for the summary trial. Per Curiam: An arrest warrant issued under paragraph [ (2) ] (3) Now, this 18th day of April, 1997, upon the recommen- should state the amount required to satisfy the sentence. dation of the Criminal Procedural Rules Committee; this Recommendation having been published at 25 Pa.B. 5919 Committee Explanatory Reports: (December 23, 1995) and in the Pennsylvania Reporter ***** (Atlantic Second Series Advance Sheets Vol. 672) before adoption, with a Final Report to be published with this Final Report explaining the April 18, 1997 amend- Order: ments concerning arrest warrants when defendant It Is Ordered pursuant to Article V, Section 10 of the fails to appear for trial published with the Court’s Constitution of Pennsylvania that Pa.Rs.Crim.P. 75 and Order at 27 Pa.B. 2117 (May 3, 1997). 84 are hereby amended in the following form. PART VI. GENERAL PROCEDURE IN SUMMARY This Order shall be processed in accordance with CASES Pa.R.J.A. 103(b), and shall be effective July 1, 1997. Rule 84. Trial in Defendant’s Absence. Annex A [ (a) ] (A) If the defendant fails to appear for trial in a TITLE 234. RULES OF CRIMINAL PROCEDURE summary case, the trial [ may ] shall be conducted in PART I. GENERAL the defendant’s absence, unless the issuing authority determines that there is a likelihood that the sen- CHAPTER 50. PROCEDURE IN SUMMARY CASES tence will be imprisonment or that there is other PART V. PROCEDURE REGARDING ARREST good cause not to conduct the trial in the defen- WARRANTS IN SUMMARY CASES dant’s absence. If the trail is not conducted in the Rule 74. Issuance of Arrest Warrant. defendant’s absence, the issuing authority may issue a warrant for the defendant’s arrest. (1) A warrant for the arrest of the defendant shall be issued when: [ (b) ] (B) *** ***** [ (c) ] (C) *** (c) the issuing authority has reasonable grounds to believe that the defendant will not obey a summons. [ (d) ] (D) *** (2) A warrant for the arrest of the defendant may Official Note: Adopted July 12, 1985, effective Janu- be issued when a defendant has entered a not ary 1, 1986; effective date extended to July 1, 1986; guilty plea and fails to appear for the summary amended February 1, 1989, effective July 1, 1989; trial, if the issuing authority determines, pursuant amended April 18, 1997, effective July 1, 1997. to Rule 84(A), that the trial should not be conducted in the defendant’s absence. Comment [ (2) ] (3) A warrant for the arrest of the defendant In those cases in which the issuing authority may be issued when: determines that there is a likelihood that the sentence will be imprisonment or that there is other ***** good cause not to conduct the trial in the defen- (b) the issuing authority has, in the defendant’s ab- dant’s absence, the issuing authority may issue a sence, tried and sentenced the defendant to pay a fine warrant for the arrest of the defendant in order to and costs, and the collateral deposited by the defendant is have the defendant brought before the issuing less than the amount of fine and costs imposed. authority for the summary trial. See Rule 75(2). The trial would then be conducted with the defendant Official Note: Adopted July 12, 1985, effective Janu- present as provided in these rules. See Rule 83. ary 1, 1986; effective date extended to July 1, 1986; amended January 31, 1991, effective July 1, 1991; [ Paragraphs (a)—(c) of this rule replace previous amended April 18, 1997, effective July 1, 1997. Rule 64. ] Paragraph (d) [ , which is derived from Comment previous Rules 64(d) and 65(e), ] was amended in 1989 to provide notice to the defendant of conviction and [ Paragraph (1) of this rule is derived from previ- sentence after trial in absentia to alert the defendant that ous Rule 51B. Paragraph (2) of this rule is derived the time for filing an appeal has begun to run. See Rule from previous Rule 65. ] 63(b)(3).

PENNSYLVANIA BULLETIN, VOL. 27, NO. 18, MAY 3, 1997 THE COURTS 2117

[ If the issuing authority determines that there is From our discussion of these rules and questions, the a likelihood that the sentence will be imprison- Committee concluded that the use of ‘‘may’’ in Rule 84(A) ment, the issuing authority should issue a warrant concerning when a trial in the defendant’s absence should for the defendant’s arrest. The trial would then be be conducted, and the procedural gaps in Rules 75 and 84 conducted with the defendant present as provided concerning whether arrest warrants may be issued in these cases, are the source of the confusion about the in these rules. See Rule 83. ] procedures for handling summary cases when a defendant fails to appear for trial. Recognizing the importance of [ With regard to ] For the defendant’s right to coun- having the summary case rules provide issuing authori- sel, see Rule 316. ties with clear guidance about how to proceed under the rules, we agreed that Rules 75 and 84 should be amended For [ procedures regarding ] arrest [ warrants ] accordingly. warrant procedures in summary cases, see Rules 75 Discussion of Rule Changes and 76. (A) Rule 84 (Trial in Defendant’s Absence) Committee Explanatory Reports: The Committee agreed that in summary cases in which Final Report explaining the April 18, 1997 amend- a defendant fails to appear for the trial, the general ments mandating a summary trial in absentia with requirement should be that the trial will be conducted in certain exceptions published with the Court’sOr- the defendant’s absence. However, we recognized that der at 27 Pa.B. 2117 (May 3, 1997). there are situations in which the trial should not be conducted in the defendant’s absence. First, the defendant FINAL REPORT should not be tried in his or her absence if there is a likelihood that the sentence will be imprisonment. Sec- Amendments to Pa.Rs.Crim.P. 75 and 84 ond, it would be inappropriate to conduct the trial in the defendant’s absence when there is a good reason for the PROCEDURES WHEN DEFENDANT FAILS TO defendant’s failure to appear, such as cases in which the APPEAR FOR SUMMARY TRIAL defendant is confined, for example, in an inpatient drug program, or is involved in an accident on the way to trial. Introduction To make this clear, Rule 84(A) has been amended to require that the trial be conducted in the defendant’s On April 18, 1997, upon the recommendation of the absence, and to expressly provide for the two exceptions Criminal Procedural Rules Committee, the Supreme to the general requirement: (1) if there is a likelihood Court amended Rules of Criminal Procedure 75 (Issuance that the sentence will be imprisonment; and (2) if there is of Arrest Warrant) and 84 (Trial in Defendant’s Absence) other good cause not to hold the trial in the defendant’s to clarify when a district justice must conduct a trial in absence. the defendant’s absence, and when a district justice may issue an arrest warrant when a defendant has failed to Rule 84(A) has also been amended to provide that, in appear for the summary trial. The amendments will be cases in which the issuing authority determines that the effective July 1, 1997. This Final Report highlights the summary trial should not be conducted in the defendant’s Committee’s considerations in formulating these amend- absence, the issuing authority has the discretion to issue ments.1 a warrant for the defendant’s arrest in order to bring the defendant in for the trial. Background The Rule 84 Comment reiterates that an arrest warrant may be issued to bring the defendant before the The Committee recommended the amendments to Rules issuing authority for trial, and cross-references Rule 75 75 and 84 in response to several questions concerning the (Issuance of Arrest Warrant). In addition, the Comment Rule 84 (Trial in Defendant’s Absence) procedures, which explains that when the defendant is brought in for trial were raised in correspondence with the Committee. on an arrest warrant, the trial is to be conducted as The questions may be summarized as follows: provided in Rule 83 (Trial in Summary Cases). (B) Rule 75 (Issuance of Arrest Warrant) (1) in summary cases, under what circumstances To fill the procedural gaps in Rule 75 discussed above, should a trial in the defendant’s absence be held; and Rule 75 has been amended as follows: (2) are district justices authorized to issue a warrant (1) paragraph (2) expressly permits the issuing author- for the arrest of a defendant who has failed to appear for ity to issue an arrest warrant when a defendant has the summary trial? entered a plea of not guilty and has failed to appear for the summary trial, if the issuing authority determines, Prompted by these questions, the Committee reviewed pursuant to Rule 84(A), that the trial should not be the provisions of Rule 84. Paragraph (A) provides that if a conducted in the defendant’s absence; and defendant fails to appear for trial in a summary case, (2) the Comment explains that, ordinarily, when a ‘‘the trial may be conducted in the defendant’s absence.’’ defendant fails to appear for a summary trial, the trial (emphasis added) The Rule 84 Comment suggests that if must be held in the defendant’s absence pursuant to Rule ‘‘the issuing authority determines that there is a likeli- 84, and reiterates the two exceptions to this general rule hood that the sentence will be imprisonment, the issuing discussed in Section (A). authority should issue a warrant for the defendant’s arrest’’ so that the trial may be conducted with the defendant present. We also looked at Rule 75 (Issuance of The Committee’s Final Reports should not be confused Arrest Warrant), which sets forth the procedures for with the official Committee Comments to the rules. Also issuing arrest warrants in summary cases. This rule does note that the Supreme Court does not adopt the Commit- not provide for the issuance of an arrest warrant when a tee’s Comments or the contents of the Committee’s ex- defendant has failed to appear for the summary trial. planatory Final Reports. [Pa.B. Doc. No. 97-672. Filed for public inspection May 2, 1997, 9:00 a.m.] PENNSYLVANIA BULLETIN, VOL. 27, NO. 18, MAY 3, 1997 2118 THE COURTS

Order Adopting New Rules 87 and 88; Amending Final Report explaining the October 28, 1994 amend- Rule 145; and Approving Rule 83 Comment ments published with the Court’s Order at 24 Pa.B. Revisions; No. 220; Doc. No. 2 [ 5843 ] 5841 (November 26, 1994). Final Report explaining the April 18, 1997 Com- The Criminal Procedural Rules Committee has pre- ment revision cross-referencing Rule 87 published pared a Final Report explaining the April 18, 1997 with the Court’s Order at 27 Pa.B. 2119 (May 3, changes to the Rules of Criminal Procedure. These 1997). changes provide uniform procedures in summary criminal cases for the withdrawal of charges and for the dismissal Rule 87. Withdrawal of Charges in Summary Cases. of a case upon satisfaction being made to an aggrieved (A) In any summary case pending before an issu- person or an agreement to make satisfaction, and are ing authority, at any time before the completion of comparable to the procedures in court cases. The Final the summary trial or acceptance of a guilty plea, Report follows the Court’s Order. the issuing authority may permit the affiant, or the Order affiant’s designee, to withdraw one or more of the charges. Per Curiam: (B) When an issuing authority permits an affiant Now, this 18th day of April, 1997, upon the recommen- or the affiant’s designee to withdraw one or more of dation of the Criminal Procedural Rules Committee; this the charges, the issuing authority shall record the Recommendation having been published at 26 Pa.B. 3630 withdrawal on the transcript, and promptly shall (August 3, 1996) and in the Pennsylvania Reporter (Atlan- notify the defendant in writing. tic Second Series Advance Sheets Vol. 678) before adop- Official Note: Adopted April 18, 1997, effective tion, with a Final Report to be published with this Order: July 1, 1997. It Is Ordered pursuant to Article V, Section 10 of the Comment Constitution of Pennsylvania that: This rule permits the withdrawal of charges in (1) new Pa.Rs.Crim.P. 87 and 88 are hereby promul- summary cases pending before an issuing authority. gated; To ensure that an adequate record is made of any (2) Pa.R.Crim.P. 145 is hereby amended; and withdrawals, the issuing authority is required to (3) the revision of the Comment to Pa.R.Crim.P. 83 is include in the transcript of the case the fact that he hereby approved, all in the following form. or she permitted the withdrawal. In addition, the issuing authority must give the defendant written This Order shall be processed in accordance with notice of the withdrawal. Pa.R.J.A. 103(b), and shall be effective July 1, 1997. For the procedures for withdrawal of charges in a Annex A court case pending before an issuing authority, see Rule 151. TITLE 234. CRIMINAL RULES Committee Explanatory Reports: PART I. GENERAL Final Report explaining the provisions of new CHAPTER 50. PROCEDURE IN SUMMARY CASES Rule 87 published with the Court’s Order at 27 Rule 83. Trial in Summary Cases. Pa.B. 2119 (May 3, 1997). Rule 88. Dismissal in Summary Cases Upon Satis- (a) (A) *** [ ] faction or Agreement. [ (b) ] (B) *** (A) When a defendant is charged with a summary offense, the issuing authority may dismiss the case [ (c) ] (C) *** upon a showing that: [ (d) ] (D) *** (1) the public interest will not be adversely affected; [ (e) ] (E) *** (2) the attorney for the Commonwealth, or in Official Note: Adopted July 12, 1985, effective Janu- cases in which no attorney for the Commonwealth ary 1, 1986; amended September 23, 1985, effective is present at the summary proceeding, the affiant, January 1, 1986; effective date extended to July 1, 1986; consents to the dismissal; amended February 2, 1989, effective March 1, 1989; (3) satisfaction has been made to the aggrieved amended October 28, 1994, effective as to cases instituted person or there is an agreement that satisfaction on or after January 1, 1995; Comment revised April 18, will be made to the aggrieved person; and 1997, effective July 1, 1997. (4) there is an agreement as to who shall pay the Comment costs. This rule replaces previous Rule 63. [ ] (B) When an issuing authority dismisses a case ***** pursuant to paragraph (A), the issuing authority shall record the dismissal on the transcript. The affiant may be permitted to withdraw [ a pros- Official Note: Adopted April 18, 1997, effective ecution ] the charges pending before the issuing au- July 1, 1997. thority. See Rule 87 (Withdrawal of Charges in Summary Cases). Comment ***** This rule permits an issuing authority to dismiss a summary case when the provisions of paragraph Committee Explanatory Reports: (A) are satisfied.

PENNSYLVANIA BULLETIN, VOL. 27, NO. 18, MAY 3, 1997 THE COURTS 2119

Paragraphs (A)(1) through (4) set forth those those criteria that a defendant must satisfy before the criteria that a defendant must satisfy before the issuing authority has the discretion to dismiss the case issuing authority has the discretion to dismiss the under this rule. case under this rule. The requirement in paragraph (b), that when the The requirement in paragraph (A)(2) that, when attorney for the Commonwealth is present, he or she the attorney for the Commonwealth is present at must consent to the dismissal, is one of the criteria the summary proceeding, he or she must consent to [ in every case was deleted as an unnecessary the dismissal, is one of the criteria, along with the criterion at this stage of the proceedings. However, other enumerated criteria, which gives the issuing it is retained as an alternative criterion ] which, authority discretion to dismiss a case under this along with the other enumerated criteria, would give rule, even when the affiant refuses to consent. [ ] gives the issuing authority discretion to dismiss, even The requirement in paragraph (B) that the issu- when the affiant [ aggrieved party ] refuses to consent. ing authority include in the transcript of the case [ If the aggrieved person consents, the issuing au- the fact that he or she dismissed the case is intended to ensure that an adequate record is made thority may consider whether the attorney for the of any dismissals under this rule. Commonwealth objects to the dismissal, but it is not bound by that objection. ] For dismissal upon satisfaction or agreement in a court case charging a misdemeanor which is pend- For dismissal upon satisfaction or agreement in ing before an issuing authority, see Rule 145. summary cases, see Rule 88. For dismissal upon satisfaction or agreement by a For court dismissal upon satisfaction or agreement, see judge of the court of common pleas, see Rule 314. Rule 314. Committee Explanatory Reports: Committee Explanatory Reports: Final Report explaining the April 18, 1997 amend- Final Report explaining the provisions of new ments aligning the rule with Rule 88 published Rule 88 published with the Court’s Order at 27 with the Court’s Order at 27 Pa.B. 2119 (May 3, Pa.B. 2119 (May 3, 1997). 1997). CHAPTER 100. PROCEDURE IN COURT CASES FINAL REPORT PART IV. PROCEEDINGS BEFORE ISSUING New Pa.Rs.Crim.P. 87 and 88; AUTHORITIES Amendments to Pa.R.Crim.P. 145; and Rule 145. Dismissal Upon Satisfaction or Agree- Revision of the Comment to Pa.R.Crim.P. 83 ment. Withdrawal of Charges and Dismissal Upon When a defendant is charged with a misdemeanor Satisfaction or Agreement in Summary Criminal Cases [ which is not alleged to have been committed by Introduction force or threat thereof ], the issuing authority may On April 18, 1997, effective July 1, 1997, upon the dismiss the case upon a showing that: recommendation of the Criminal Procedural Rules Com- mittee, the Supreme Court adopted new Rules of Crimi- (a) the public interest will not be adversely affected; nal Procedure 87 (Withdrawal of Charges in Summary [ and ] Cases) and 88 (Dismissal in Summary Cases upon Satis- (b) [ either the aggrieved person or ] the attorney faction or Agreement), amended Rule 145 (Dismissal upon for the Commonwealth, or in cases in which there is Satisfaction or Agreement), and approved the revision of no attorney for the Commonwealth present, the the Comment to Rule 83 (Trial in Summary Cases). These new rules provide uniform procedures in summary crimi- affiant, consents to the dismissal; [ and ] nal cases for the withdrawal of charges and for the ***** dismissal of a case upon satisfaction being made to an aggrieved person or an agreement to make satisfaction, Official Note: Formerly Rule 121, adopted June 30, and are comparable to the procedures in court cases. This 1964, effective January 1, 1965; suspended effective May Final Report highlights the Committee’s considerations in 1, 1970; revised January 31, 1970, effective May 1, 1970; formulating these amendments.1 renumbered and amended September 18, 1973, effective January 1, 1974; amended January 28, 1983, effective Recent inquiries with the Committee noted that there July 1, 1983; amended April 18, 1997, effective July 1, are no summary rules equivalent to Rules 151 (With- 1997. drawal of Prosecution Before Issuing Authority) and 145 (Dismissal upon Satisfaction or Agreement) in court Comment cases, and therefore asked whether withdrawals and dismissals upon agreement are permitted in summary The 1973 amendment added the first sentence of [ cases, and if so, what procedures the minor judiciary former paragraph (b) and all of former paragraph should use. The correspondents pointed out that, al- (c). though some district justices are permitting charges to be Former paragraphs (a) and (b) were deleted in withdrawn in summary cases and are dismissing sum- 1983 as unnecessary in view of the Judiciary Act mary cases upon satisfaction or agreement, and some of Repealer Act, which repealed the statutes requiring them are following the procedures for court cases set the issuing authority to make an effort to effectuate forth in Rules 145 and 151, others have been reluctant to a settlement. See 42 P. S. § 20002(a)(916) (Supp. proceed in this manner in summary cases without specific 1982). authorization in the rules. Former paragraph (c) was amended in 1983 to ] Paragraphs (a) through (d) set forth [ concisely ]

PENNSYLVANIA BULLETIN, VOL. 27, NO. 18, MAY 3, 1997 2120 THE COURTS

In view of the lack of uniformity and the confusion The Comment cross-references Rule 145. It also cross- about the appropriate procedures, and recognizing that references Rule 314 for similar procedures in court cases these procedures are beneficial to the criminal justice pending before a judge of the court of common pleas. system, the Committee agreed that the summary case Amendments to Rule 145 (Dismissal Upon Satisfaction rules should address the withdrawal of charges in sum- or Agreement) mary cases pending before issuing authorities and the dismissal of summary cases when there has been satisfac- When the Committee developed new Rule 88, we also tion or an agreement for satisfaction. reviewed Rule 145, which applies to dismissals of misdemeanors pending before an issuing authority. Because we Discussion of Rule Changes agreed that Rules 88 and 145 should provide comparable New Rule 87 (Withdrawal of Charges in Summary procedures, Rule 145 has been amended as follows. Cases) (1) In the introductory paragraph, the limitation that Paragraph (A) authorizes an issuing authority to per- dismissals upon satisfaction are only authorized in cases mit an affiant or the affiant’s designee to withdraw one or in which the misdemeanor is “not alleged to have been more charges at any time before the completion of the committed by force or threat thereof” has been deleted. summary trial or the acceptance of a guilty plea, and is Several members noted that many of the cases which comparable to the procedures for court cases under Rule come before district justices for dismissal upon agreement 151 (Withdrawal of Prosecution Before Issuing Authority). typically involve misdemeanors arising out of drunken Aware that an attorney for the Commonwealth is rarely brawls or arguments between friends or neighbors that assigned to summary criminal cases, the Committee deteriorated into shoving matches or punches. Although considered whether Rule 87 should require that the these cases involve “force” or a “threat of force,” the attorney for the Commonwealth approve the withdrawal incidents are relatively minor, and, after a cooling-off of charges. In view of the minor nature of summary cases, period, the parties prefer to have the matters dismissed if we agreed that it would be unnecessarily burdensome to the damages are paid. Based on these considerations, the require either that only the attorney for the Common- Committee agreed that all cases involving force or the wealth may withdraw the charges or that the attorney for threat of force should not be automatically excluded from the Commonwealth must approve the withdrawal, and the possibility of a dismissal upon satisfaction, particu- therefore have provided that the affiant may withdraw larly since Rule 145 is limited to misdemeanors. the charges. (2) Prior to the 1997 amendments, paragraph (b) re- Following publication of the proposal, the Committee quired a showing that “either the aggrieved person or the received comment asking us to consider permitting with- attorney for the Commonwealth consents to the dis- drawals by the affiant’s designee, similar to what is missal.” The question arose about what happens when provided in Rule 151 for court cases. The correspondents the attorney for the Commonwealth disagrees with the pointed out that there may be times when the affiant dismissal but the aggrieved party consents. Although the wants to withdraw the charges, but was unavailable for present Comment suggests that the attorney for the some reason. Recognizing the benefits of permitting the Commonwealth’s disagreement would be a consideration affiant to designate someone else to act in his or her place for the district justice in determining whether to dismiss and withdraw the charges, paragraph (A) permits the a case, some members expressed the view that, if the affiant’s designee to withdraw charges. “force or threat thereof” language would be deleted from the introductory paragraph, the rule should not permit a Paragraph (B) requires the issuing authority to record dismissal if the attorney for the Commonwealth did not on the transcript any withdrawals he or she permits. This agree. Other members observed, however, that requiring requirement provides a record and a means of monitoring the consent of both the attorney for the Commonwealth these cases. The district justice also must promptly notify and the aggrieved party, or requiring the consent of the the defendant in writing that the charges have been attorney for the Commonwealth in every case, would withdrawn. unduly complicate the procedure, particularly in those The Comment cross-references Rule 151 for similar judicial districts which rarely have a district attorney procedures in court cases. present at proceedings before the district justice because of limited resources. The Committee also considered that Proposed New Rule 88 (Dismissal In Summary Cases in some cases, the aggrieved party and the affiant would Upon Satisfaction or Agreement) be different individuals, and while the aggrieved party New Rule 88 provides the procedures for the dismissal may agree to a dismissal once he or she has received of a summary case when a defendant has settled with the restitution, the affiant may not agree because there are aggrieved person or has made an agreement to settle, and other interests to be protected. As pointed out in some of is comparable to Rule 145 (Dismissal Upon Satisfaction or the publication responses, in these cases, the affiant Agreement), which provides for the dismissal of misde- should have a say in whether the case is dismissed. meanors pending before an issuing authority. In view of these considerations and the concerns raised Paragraph (A) sets forth the criteria that must be met in the publication responses, Rule 145(b) has been before an issuing authority has the discretion to dismiss a amended to provide that, if the attorney for the Common- summary case under this rule. Because we agreed that wealth is present at the proceeding, the attorney for the summary case dismissals upon agreement should be Commonwealth’s consent is one of the four criteria that handled in the same way as court cases under Rule 145, must be met before the district justice may dismiss the we included the same criteria contained in Rule 145. As case. If the attorney for the Commonwealth is not explained in the Comment, all the criteria must be present, then the affiant must consent to the dismissal. satisfied before an issuing authority may dismiss a case. The Comment has been revised to reflect these Paragraph (B) requires that the issuing authority changes, and cross-references new Rule 88 for the proce- record on the transcript any dismissal under this rule. dures in summary cases. This requirement creates a record of the dismissal and a Revision of the Comment to Rule 83 (Trial in Summary means of monitoring these cases. Cases)

PENNSYLVANIA BULLETIN, VOL. 27, NO. 18, MAY 3, 1997 THE COURTS 2121

One publication response suggested that new Rule 87 is ***** unnecessary in view of the paragraph in the Rule 83 When an incarcerated defendant has undergone any Comment which provides: period of voluntary or involuntary confinement for the The affiant may withdraw a prosecution pending before purpose of examination pursuant to this rule, credit for the issuing authority. the period of confinement should be given toward the sentence ultimately imposed. See, e.g.,50P.S.§§ 7401(b) The Committee did not agree with this assessment, and 7407(f). concluding that a separate rule addressing withdrawals would better resolve the confusion and result in more Additional pre-sentence procedures may be re- uniformity. However, to make it clear to anyone reading quired by statute. For example, see 42 Pa.C.S. the Rule 83 Comment that Rule 87 governs withdrawal of §§ 9791—9799.5 (concerning persons convicted of charges in summary cases, a cross-reference to new Rule sexually violent offenses) for pre-sentence assess- 87 has been at the end of this paragraph. ment and hearing procedures. See also 42 Pa.C.S. § 9714(c) for hearing to determine high risk dangerous offender status. 1 The Committee’s Final Reports should not be confused Under the provisions of Rule 1404 (Disclosure of Pre- with the official Committee Comments to the rules. Also Sentence Reports), full disclosure of reports to defense note that the Supreme Court does not adopt the Commit- counsel and the Commonwealth is required. See Rule tee’s Comments or the contents of the Committee’s ex- 1404(a)(2). Reports may also be disclosed under Rule 1404 planatory Final Reports. to other designated persons or agencies, unless the sen- [Pa.B. Doc. No. 97-673. Filed for public inspection May 2, 1997, 9:00 a.m.] tencing judge otherwise orders. See Rule 1404(c), (d), and (e). Committee Explanatory Reports: ***** Final Report explaining the March 22, 1993 amend- [234 PA. CODE CH. 1400] ments published with the Court’s Order at 23 Pa.B. 1699 Order Approving Comment Revisions to Rules (April 10, 1993). 1403 and 1405; No. 221; Doc. No. 2 Report explaining the April 18, 1997 Comment revision published with the Court’s Order at 27 Order Pa.B. 2122 (May 3, 1997). Per Curiam: Rule 1405. Procedure at Time of Sentencing. ***** Now, this 18th day of April, 1997, upon the recommendation of the Criminal Procedural Rules Committee, the Official Note: Previous Rule 1405 approved July 23, proposal having been submitted to the Court without 1973, effective 90 days hence; Comment amended June publication pursuant to Pa.R.J.A. 103(a)(3), and a Report 30, 1975, effective immediately; Comment amended and to be published with this Order; paragraphs (c) and (d) added June 29, 1977, effective September 1, 1977; amended May 22, 1978, effective as to It Is Ordered pursuant to Article V, Section 10 of the cases in which sentence is imposed on or after July 1, Constitution of Pennsylvania that the Comment revisions 1978; Comment amended April 24, 1981, effective July 1, to Rules of Criminal Procedure 1403 and 1405 are hereby 1981; Comment amended November 1, 1991, effective approved, in the following form. January 1 1992; rescinded March 22, 1993, effective as to This Order shall be processed in accordance with cases in which the determination of guilt occurs on or Pa.R.J.A. 103(b), and shall be effective immediately. after January 1, 1994, and replaced by present Rule 1405. Present Rule 1405 adopted March 22, 1993, effective as to Annex A cases in which the determination of guilt occurs on or TITLE 234. RULES OF CRIMINAL PROCEDURE after January 1, 1994; amended January 3, 1995, effective immediately; amended September 13, 1995, effective PART I. GENERAL January 1, 1996. The January 1, 1996 effective date CHAPTER 1400. SENTENCING extended to April 1, 1996. Comment revised December 22, 1995, effective February 1, 1996. The April 1, 1996 Rule 1403. Aids in Imposing Sentence. effective date extended to July 1, 1996. Comment revised ***** September 26, 1996, effective January 1, 1997; Comment revised April 18, 1997, effective immediately. Official Note: Adopted July 23, 1973, effective 90 days hence[ , ]; amended June 28, 1976, effective January 1, Comment 1977; amended November 1, 1991, effective January 1, ***** 1992; amended March 22, 1993, effective January 1, 1994; Time for Sentencing Comment revised April 18, 1997, effective immedi- ***** ately. Paragraph A(2) is not intended to sanction pro forma Comment requests for continuances. Rather, it permits the judge to For purposes of subparagraph A(2)(c), whether the extend the time limit for sentencing under extraordinary defendant has a prior juvenile adjudication is immaterial. circumstances only. For example, additional pre- Subparagraph A(3) indicates in general terms what the sentence procedures may be required by statute. contents of the pre-sentence investigation report must See 42 Pa.C.S. §§ 9791—9799.5 for pre-sentence as- include. With respect to the particularized contents of sessment and hearing procedures for persons convicted of sexually violent offenses. See also 42 such reports, see Commonwealth v. Martin, 466 Pa. [ Pa.C.S. § 9714(c) for hearing to determine high risk 118, ] 351 A.2d 650 (Pa. 1976). dangerous offender status. PENNSYLVANIA BULLETIN, VOL. 27,Because NO. 18, such MAY extensions 3, 1997 are intended to be the exception rather than the rule, the extension must be for a specific time period, and the judge must include in the record the length of the extension. A hearing need not be held before an extension can be granted. Once a specific 2122 THE COURTS extension has been granted, however, some provision should be made to monitor the extended time period to DISCIPLINARY BOARD OF insure prompt sentencing when the extension period expires. THE SUPREME COURT ***** Transfer of Attorneys to Inactive Status Sentencing Procedures Notice is hereby given that the following attorneys have ***** been transferred to inactive status by Order of the Supreme Court of Pennsylvania dated March 19, 1997, The rule permits the use of a written colloquy that is pursuant to Rule 111(b), Pa.R.C.L.E., which requires that read, completed, signed by the defendant, and made part every active lawyer shall annually complete, during the of the record of the sentencing proceeding. This written compliance period for which he or she is assigned, the colloquy must be supplemented by an on-the-record oral continuing legal education required by the Continuing examination to determine that the defendant has been Legal Education Board. The Order became effective April advised of the applicable rights enumerated in paragraph 18, 1997 for Compliance Group 2 due August 31, 1996. C(3) and that the defendant has signed the form. Notice with respect to attorneys having Pennsylvania Other, additional procedures are required by stat- registration addresses, who have been transferred to ute. See, e.g., 42 Pa.C.S. § 9795(b), which requires inactive status by said Order, was published in the the judge to inform certain offenders of the duty to appropriate county legal journal. register. MARK JAMES AMRHEIN ***** New York, NY Committee Explanatory Reports: ROBERTO A. ANDREOS ***** Sacramento, CA Final Report explaining the September 26, 1996 Com- MICHAEL GRANT AVRICK ment revision on Rule 1409 procedures published with La Canada, CA the Court’s Order at 26 Pa.B. 4900 (October 12, 1996). GWENDOLYN RAY BENNETT Report explaining the April 18, 1997 Comment Suitland, MD revisions published with the Court’s Order at 27 MITCHELL ANDREW BERGER Pa.B. 2122 (May 3, 1997). Washington, DC REPORT JOSHUA PAUL BOGIN New York, NY Recent Enactments related to Sentencing: Comment Revisions to Rules 1403 and 1405 DONALD S. BURAK Trenton, NJ On April 18, 1997, upon the recommendation of the Criminal Procedural Rules Committee, the Supreme MAURICE I. BURSTEIN Court of Pennsylvania approved Comment revisions to Washington, DC Pa.R.Crim.P. 1403 (Aids in Imposing Sentence) and VIOLET ALLYSON CHANDLER Pa.R.Crim.P. 1405 (Procedure at Time of Sentencing). The Brooklyn, NY Comment revisions alert the bench and bar to statutory enactments containing additional pre-sentencing and sen- LAWRENCE D. CIRIGNANO tencing procedures for special classes of offenders. Act Washington, DC 1995-21 (Special Session No. 1) amended 42 Pa.C.S. SUSAN JIN DAVIS § 9714(c) to require that a hearing be held for an Washington, DC offender presumed to be a “high risk dangerous offender.” Act 1995-24 (Special Session No. 1), 42 Pa.C.S. §§ 9791— ADIB E. FERZLI 9799.5, provides for a pre-sentence assessment and hear- Washington, DC ing to determine whether an offender is a “sexually KAREN YVONNE FULLUM violent predator.” Washington, DC [Pa.B. Doc. No. 97-674. Filed for public inspection May 2, 1997, 9:00 a.m.] MATTHEW ROBERT GABRIELSON Trenton, NJ MICHAEL PATRICK GAUGHAN New York, NY ANTHONY N. GEMMA Youngstown, OH VANESSA INGRID GREEN Washington, DC MICHAEL P. GUIDO Cherry Hill, NJ JAMES O. GUY Garden City, NY SEAN WARRICK HOLLEY Charlotte, NC

PENNSYLVANIA BULLETIN, VOL. 27, NO. 18, MAY 3, 1997 THE COURTS 2123

STEPHEN J. HOLROYD WILLIAM HENRY SHAWN Newark, NJ Washington, DC KRISTINE ANN JUDGE GEORGE A. SIEGHARDT Takoma Park, MD Staten Island, NY WILLIAM H. KARP MICHAEL S. SOPHOCLES Hollywood, FL Boston, MA DEBRA LEE KING DAVID A. STEFANKIEWICZ Alexandria, VA Wildwood, NJ JOHN R. KLOTZ MICHAEL G. STINGONE Rutherford, NJ Old Tappan, NJ GEORGE C. LACY, JR. LISA HIBNER TAVANI Washington, DC Berlin, NJ LAWRENCE C. LEE RICHARD KENNETH TAVANI Taiwan Mt. Laurel, NJ KEVIN H. MAIN CHRISTOPHER DWAYNE TAYLOR Trenton, NJ Willingboro, NJ DAVID J. MARCHITELLI Rochester, NY CATHERINE GENEVA VAN WAY Washington, DC WILLIAM D. MERRITT, JR. Elizabeth, NJ ALEXANDER G. VIERHEILIG Nutley, NJ CARL VINCENT PAYNE II Silver Spring, MD MARK ANTHONY WALTHER Gaithersburg, MD WILLIAM PAYNE Washington, DC CHANGHONG WANG Hong Kong RICHARD D. PICINI Verona, NJ GILBERT P. WEINER RHONDA J. S. PILGRIM East Hils, NY Chester, VA MARILYN D. WILLIAMS SHARON C. PRATICO Willingboro, NJ Toms River, NJ EUGENE S. WISHNIC ROBERT A. REED New Brunswick, NJ Greensboro, NC PATRICK JOHN YURKO RANDY G. ROSNER Edgewater Park, NJ New York, NY ELAINE M. BIXLER, SCOTT DAVID SAMLIN Secretary Montvale, NJ The Disciplinary Board of the BARBARA L. SANCHEZ-SALAZAR Supreme Court of Pennsylvania Jacksonville, FL [Pa.B. Doc. No. 97-675. Filed for public inspection May 2, 1997, 9:00 a.m.] DANIEL G. SERGIACOMI Albertson, NY MARY ANN SERINO Union City, NJ

PENNSYLVANIA BULLETIN, VOL. 27, NO. 18, MAY 3, 1997 2124 PROPOSED RULEMAKING DEPARTMENT OF Fiscal Impact AGRICULTURE Commonwealth The proposed amendments will impose no costs and [7 PA. CODE CH. 104] have no fiscal impact upon the Commonwealth. Peach and Nectarine Research Program Political Subdivisions The Department of Agriculture (Department), Bureau The proposed amendments will impose no costs and of Market Development, proposes to amend Chapter 104 have no fiscal impact upon political subdivisions. (relating to enforcement of marketing programs) by adding Subchapter E (relating to Peach and Nectarine Re- Private Sector search Program) to address the Pennsylvania Peach and Nectarine Research Program (Program). The proposed The proposed amendments will impose no costs and amendment is offered under authority of sections 3 and have no fiscal impact upon the private sector. 11 of the Pennsylvania Agricultural Commodities Market- General Public ing Act of 1968 (act) (3 P. S. §§ 1003 and 1011) which, respectively, direct the Department to administer and The proposed amendments will impose no costs and enforce the act and delegate to the Department the power have no fiscal impact upon the general public. to adopt regulations necessary to implement the act. Paperwork Requirements The act allows the producers of a particular agricultural commodity to establish a marketing program if a The proposed amendments will not result in an appre- referendum is held and both the majority of affected ciable increase in paperwork. producers and the majority by volume of production vote to establish the proposed Program. The Program was Regulatory Review established in 1989 as a result of a referendum. The Program was continued for 5 years as the result of a The Department submitted a copy of the proposed referendum conducted in 1994. amendments, on April 18, 1997, to the Independent Regulatory Review Commission (IRRC) and to the Chair- The Program is funded through the collection of a persons of the House and Senate Standing Committees on $5-per-acre producer charge from those peach and nectar- Agriculture and Rural Affairs, in accordance with section ine producers having 500 or more peach or nectarine 5(a) of the Regulatory Review Act (71 P. S. § 745.5(a)). trees in their production operations. This producer charge The Department also provided IRRC and the Committees formula was included in the referendum under which the with a copy of a detailed Regulatory Analysis Form Program was voted into existence. Producer charges prepared by the Department in compliance with Execu- accrue on a July 1-to-June 30 marketing season basis. tive Order 1982-2, ‘‘Improving Government Regulations.’’ The proposed amendments define terms, set forth the A copy of this material is available to the public upon obligation of an affected producer to account for and pay request. annual producer charges owed the Program, clarify the procedures by which this obligation can be met and set If IRRC has an objection to any portion of the proposed forth penalties for noncompliance. amendments, it must so notify the Department within 30 days of the close of the public comment period. The Proposed § 104.62 (relating to definitions) sets forth notification shall specify the regulatory review criteria the basic definitions necessary to implement the which have not been met by that portion. The Regulatory subchapter, and incorporates the definition of ‘‘affected Review Act sets forth detailed procedures for review of producer’’ verbatim from the Program order under which these objections by the Department, the General Assem- the Program was established. bly and the Governor prior to final publication of the Proposed §§ 104.63—104.65 (relating to producer final-form regulations. charge; responsibility for payment of producer charge; Contact Person and accounting and payment) describe the applicable $5-per-acre producer charge, clarify the obligation of an Interested persons are invited to submit written com- affected producer to pay that charge and describe the ments regarding the proposed amendments within 30 appropriate procedure by which to make payment, respec- days following publication in the Pennsylvania Bulletin. tively. Comments are to be submitted to the Department of Proposed § 104.65(e) prescribes a civil penalty of be- Agriculture, Bureau of Market Development, 2301 North tween $100 and $500 for those affected producers who fail Cameron Street, Harrisburg, PA 17110-9408, Attention: to meet their obligations to the Program. This civil Michael Varner. penalty must be as nearly the equivalent of the delinquent producer charges as is practicable. Effective Date Through the proposed amendments, the Department The proposed amendments will become effective upon more clearly defines the responsibilities of affected pro- final adoption. ducers with respect to the Program. In addition, the CHARLES C. BROSIUS, proposed amendments provide for the imposition of a civil Secretary penalty for noncompliance. This should result in a more fully-funded Program that more equitably spreads its Fiscal Note: 2-110. No fiscal impact; (8) recommends expenses among those who receive its benefits. adoption.

PENNSYLVANIA BULLETIN, VOL. 27, NO. 18, MAY 3, 1997 PROPOSED RULEMAKING 2125

Annex A (c) Address. The annual statement form and payment TITLE 7. AGRICULTURE described in subsections (a) and (b) shall be mailed or delivered to: PART IV. BUREAU OF MARKET DEVELOPMENT Department of Agriculture CHAPTER 104. ENFORCEMENT OF MARKETING Bureau of Market Development PROGRAMS Attn: PA Peach and Nectarine Subchapter E. PEACH AND NECTARINE 2301 North Cameron Street RESEARCH PROGRAM Harrisburg, Pennsylvania 17110-9408 Sec. (d) Deadline. The annual statement form and payment 104.61. Scope. described in subsections (a) and (b) shall be postmarked 104.62. Definitions. 104.63. Producer charge. and mailed, or actually delivered to the Program, by 104.64. Responsibility for payment of producer charge. October 1 each year any person is an affected producer. 104.65. Accounting and payment. This due date may be changed by amendment of the § 104.61. Scope. Program in accordance with the referendum procedure in Chapter 103 (relating to referendums). This subchapter establishes the procedures by which peach and nectarine producers pay producer charges (e) Penalty for noncompliance. An affected producer owed the Program. who fails to mail or deliver the required annual statement form as described in subsection (a), and the pro- § 104.62. Definitions. ducer charges owed the Program within 30 days of the The following words and terms, when used in this due date, as described in subsection (d), shall be required subchapter, have the following meanings, unless the to pay a penalty of at least $100 but not more than $500, context clearly indicates otherwise: and as nearly equivalent to 100% of the amount of the Act—The Pennsylvania Agricultural Commodities Mar- delinquent producer charges as is practicable. An action keting Act of 1968 (3 P. S. §§ 1001—1013). seeking imposition of a penalty, plus payment of producer charges owed the Program, may be brought in the Affected producer—A person who produces, grows or appropriate magisterial district. A penalty shall be in causes to be grown 500 or more peach trees or nectarine addition to the delinquent producer charges owed the trees, or both, of all ages, for the production of peaches or Program. nectarines, or both, for sale or marketing. [Pa.B. Doc. No. 97-676. Filed for public inspection May 2, 1997, 9:00 a.m.] Department—The Department of Agriculture of the Commonwealth. Peaches and nectarines—All peaches and nectarines (prunus persica) produced in this Commonwealth for the purpose of sale by a producer as defined in this subchapter. DEPARTMENT OF Person—An individual, firm, partnership, corporation, REVENUE association or other business unit. Program—The Pennsylvania Peach and Nectarine Re- [61 PA. CODE CH. 117] search Program. Return of Information as to Payment in Excess of § 104.63. Producer charge. $10 The producer charge owed the Program is $5 with The Department of Revenue (Department), under au- respect to each acre of peach trees or nectarine trees, or thority contained in section 354 of the Tax Reform Code both, grown by an affected producer. This producer charge of 1971 (TRC) (72 P. S. § 7354), proposes an amendment may be changed by subsequent amendment of the Pro- to § 117.18 (relating to return of information as to gram in accordance with the referenced procedure in payment in excess of $10) to read as set forth in Annex A. Chapter 103 (relating to referendums). Section 354 of the TRC specifically authorizes and em- § 104.64. Responsibility for payment of producer powers the Department to prescribe, adopt, promulgate charge. and enforce rules and regulations relating to any matter or thing pertaining to the administration and enforce- It is the responsibility of an affected producer to submit ment of the provisions of and the collection of taxes an annual statement, as described in § 104.65 (relating imposed by Article III of the TRC (72 P. S. §§ 7301— to accounting and payment) and to pay the appropriate 7361) relating to Personal Income Tax. producer charge owed the Program. Purpose § 104.65. Accounting and payment. In March 1996, the Department adopted a final-form (a) Annual statement. The Program will provide the regulation that amended § 117.18 in addition to other producer with annual statement forms with which to Personal Income Tax regulatory sections. During the final verify the producer’s name and address, whether the stages of the adoption process, a public comment was producer is an affected producer and the number of acres made regarding the information return required to be of peach or nectarine, or both, trees grown that are made by a regulated investment company. As a result of subject to the producer charge. The affected producer this public comment, the Department has proposed an shall complete and submit the annual statement form in amendment to § 117.18. accordance with this section. Explanation of Regulatory Requirements (b) Form of payment. Payment of a producer charge shall be by check or money order payable to the ‘‘PA This proposed amendment allows a regulated invest- Peach and Nectarine Research Program.’’ ment company to meet the information return require-

PENNSYLVANIA BULLETIN, VOL. 27, NO. 18, MAY 3, 1997 2126 PROPOSED RULEMAKING ment of § 117.18(c) in two additional ways. A regulated Annex A investment company that furnishes a Federal Form 1099- TITLE 61. REVENUE DIV to its distributees may now attach or provide a separate statement that, together with the information on PART I. DEPARTMENT OF REVENUE the Federal form, allows distributees to compute the Subpart B. GENERAL FUND REVENUES correct amount of Pennsylvania exempt-interest dividends. A regulated investment company that is not ARTICLE V. PERSONAL INCOME TAX required to furnish its distributees with a Federal Form CHAPTER 117. RETURN AND PAYMENT OF TAX 1099-DIV may provide a statement that allows the distributees to compute the amount of taxable dividend § 117.18. Return of information as to payment in distributions and any adjustment to basis or taxable gain excess of $10. for the taxable year. ***** Affected Parties (c) Pennsylvania information return. The Pennsylvania Regulated investment companies that have chosen not information return shall be made in one of the following to report their investors’ items of income and distribution ways: using either the Pennsylvania Form 1099-DIV or a ***** separate statement showing the ratio of Pennsylvania (2) If a regulated investment company furnishes Fed- exempt-interest dividends to total ordinary dividends eral Form 1099-DIV to a recipient in compliance with reported on the Federal Form 1099-DIV will be affected Federal Income Tax requirements, the Pennsylvania in- by this proposed amendment. formation return may be made by attaching [ a ] or Fiscal Impact providing one of the following: The Department has determined that the proposed (i) A separate statement showing the ratio of Pennsyl- amendment will have no fiscal impact on the Common- vania exempt-interest dividends paid to total ordinary wealth. dividends reported on the Federal form. Paperwork (ii) A separate statement showing other informa- The proposed amendment will not generate additional tion, provided that the statement and Federal form paperwork for the public or the Commonwealth. contain sufficient information to enable distributees to compute the correct amount of Pennsyl- Effectiveness/Sunset Date vania exempt-interest dividends. The proposal will become effective upon final publica- (3) If a regulated investment company is not required tion in the Pennsylvania Bulletin. This regulation is to furnish Federal Form 1099-DIV, the Pennsylvania scheduled for review within 5 years of final publication. information return may be made by separate statement No sunset date has been assigned. showing the amount of dividends, nontaxable distribu- Contact Person tions and Pennsylvania exempt-interest dividends paid or Interested persons are invited to submit in writing containing sufficient information to enable comments, suggestions or objections regarding the pro- distributees to compute the amount of taxable divi- posed amendment to Anita M. Doucette, Office of Chief dend distributions and any adjustment to basis or Counsel, Department of Revenue, Dept. 281061, Harris- taxable gain for the taxable year. burg, PA 17128-1061, within 30 days of the date of the ***** publication of this notice in the Pennsylvania Bulletin. [Pa.B. Doc. No. 97-677. Filed for public inspection May 2, 1997, 9:00 a.m.] Regulatory Review Under section 5(a) of the Regulatory Review Act (71 P. S. § 745.5(a)), on April 23, 1997, the Department submitted a copy of this proposed amendment to the Independent Regulatory Review Commission (IRRC) and to the Chairpersons of the House Committee on Finance ENVIRONMENTAL and the Senate Committee on Finance. In addition to submitting the proposal, the Department has provided QUALITY BOARD IRRC and the Committees with a copy of a detailed [25 PA CODE CHS. 78—80] Regulatory Analysis Form prepared by the Department in compliance with Executive Order 1996-1, ‘‘Regulatory Oil and Gas Amendments Review and Promulgation.’’ A copy of this material is available to the public upon request. The Environmental Quality Board (Board) proposes to amend Chapters 78—80 (relating to oil and gas wells; oil If IRRC has objections to any portion of the proposed and gas conservation; and gas well classification). The amendment, it will notify the Department within 30 days proposed amendments to Chapter 78 simplify notification of the close of the public comment period. The notification and reporting requirements, clarify requirements for the shall specify the regulatory review criteria which have discharge to land surface of tophole water, clarify surface not been met by that portion. The Regulatory Review Act casing and cementing procedures and clarify plugging specifies detailed procedures for review of objections procedures for wells in coal areas. The proposed amend- raised, prior to final publication of the regulation, by the ment to Chapter 79 provides consistency with the require- Department, the General Assembly and the Governor. ments of Chapter 78. Chapter 80 is proposed to be deleted ROBERT A. JUDGE, Sr., since the gas well classification program under the Fed- Secretary eral Natural Gas Policy Act of 1978 has been terminated. Fiscal Note: 15-380. No fiscal impact; (8) recommends This proposed rulemaking was adopted by the Board at adoption. its meeting of March 18, 1997.

PENNSYLVANIA BULLETIN, VOL. 27, NO. 18, MAY 3, 1997 PROPOSED RULEMAKING 2127

A. Effective Date This proposal has been reviewed by the Oil and Gas Technical Advisory Board (OGTAB). The OGTAB reviewed These proposed amendments will go into effect upon the proposal at its September 19 and November 7, 1996, publication in the Pennsylvania Bulletin as final rule- meetings. The OGTAB developed a written report con- making. taining comments on December 19, 1996. That report was B. Contact Persons presented to the Board as part of the proposed regulatory package. For further information contact James E. Erb, Director, Bureau of Oil and Gas Management, P. O. Box 8765, E. Summary of Regulatory Requirements Rachel Carson State Office Building, Harrisburg, PA The proposed rulemaking amends the regulations as 17105-8765, (717) 772-2199, or Kurt Klapkowski, Assis- follows: tant Counsel, Bureau of Regulatory Counsel, P. O. Box 8464, Rachel Carson State Office Building, Harrisburg, § 78.14. Transfer of well ownership or change of address. PA 17105-8464, (717) 787-7060. Information regarding The proposed amendments allow notification to the submitting comments on this proposal appears in Section Department of the sale or transfer of a well by the new J of this Preamble. Persons with a disability may use the owner or operator. Prior procedures also required the AT&Ts Relay Service by calling (800) 654-5984 (TDD prior owner or operator to also sign the transfer form. users) or (800) 654-5988 (voice users). This proposal is This caused difficulties in cases where prior owners or available electronically through the Department of Envi- operators were unavailable or otherwise unable to sign ronmental Protection’s (Department’s) Web site (http:// the transfer document. Simplification of this notification www.dep.state.pa.us). procedure should result in more timely notification of well C. Statutory Authority transfers and result in less burden to prior owners. § 78.52. Predrilling or prealteration survey. The proposed rulemaking is being made under the authority of section 604 of the Oil and Gas Act (58 P. S. Predrilling surveys are used to establish the back- § 601.604), which directs the Board to adopt regulations ground quality of water wells in the area where an oil or to implement the provisions of that act; section 5 of the gas well is to be drilled. These surveys are optional under Oil and Gas Conservation Law (58 P. S. § 405), which the Oil and Gas Act (58 P. S. §§ 601.101—601.605). authorizes the Department to promulgate and enforce Results of the predrilling survey can be used by an rules and regulations to effectuate the purposes and operator to defend against the presumption of guilt that a intent of that act; section 105 of the Solid Waste Manage- water supply was affected by the drilling activity. Opera- ment Act (35 P. S. § 6018.105), which requires the Board tors were required to submit the results of the survey to to adopt rules and regulations to carry out the provisions the landowner and Department within 45 days of con- of that act; section 5 of The Clean Streams Law (35 P. S. ducting the survey. Most oil and gas wells are drilled § 691.5), which authorizes the Department to adopt rules without affecting water supplies. The proposed amend- and regulations for the purpose of implementing that act; ments provide the operator who wishes to preserve its and section 1920-A of The Administrative Code of 1929 defense 10 days after being notified by the Department to (71 P. S. § 510-20) which authorizes the Board to adopt submit a copy of the survey results. Survey results will regulations necessary for the Department to perform its not have to be routinely copied or reported. work. § 78.60. Discharge requirements. D. Background and Purpose Operators who are drilling wells may discharge uncon- This proposed rulemaking is a result of the Depart- taminated water to the land surface. The quality of water ment’s Regulatory Basics Initiative. The Regulatory Ba- allowed to be discharged is stipulated in § 78.60. Two sics Initiative was announced in August 1995 as an changes are proposed by these amendments. The first overall review of the Department’s regulations and poli- removes the requirement that the water be characteristic cies. The Department solicited public comments in August of the natural background quality of the groundwater. 1995 by giving the regulated community, local govern- This requirement, and associated testing of groundwater ments, environmental interests and the general public the in the area, is unnecessary due to the standards the opportunity to identify specific regulations and guidance water must meet in order to be discharged. The second which were either more stringent than Federal standards, amendment would allow the Department to approve the served as barriers to innovation, were obsolete or unnec- use of makeup water to buffer the pH of the water in the essary, which imposed costs beyond reasonable environ- pit prior to discharge of the water to the land surface. mental benefits or served as barriers to adopting new § 78.83. Surface and coal protective casing and cementing environmental technologies, recycling and pollution pre- procedures. vention. When Chapter 78 was adopted in August 1987, staff of In February 1996, the Governor executed Executive the Department felt that the annulus of the surface or Order 1996-1 (Regulatory Review and Promulgation) es- coal protective casing should be left open if cement could tablishing standards for the development and promulga- not be circulated to surface due to geologic conditions. tion of regulations. This proposal meets the requirements This was based on the potential for gas to migrate up the of Executive Order 1996-1. well bore into fresh water zones. It was believed that the open annulus would provide an escape for the gas to the As a result of the request for public comments, six atmosphere. This belief was not shared by the industry, commentators submitted 40 comments on the regulations which felt that the open annulus would provide a conduit pertaining to the Oil and Gas Program. The Department for pollution of groundwater from the surface and pre- prepared a comment and response document responding clude proper support of the casing above the zone of lost to the comments received. Copies of the comment and circulation. response document are available from the Department. Those comments, plus internal staff review of the regula- Since 1987, these gas migration concerns have not been tions, resulted in these proposed amendments. realized. Industry has requested to be able to use a

PENNSYLVANIA BULLETIN, VOL. 27, NO. 18, MAY 3, 1997 2128 PROPOSED RULEMAKING cement basket to support cement above the zone of lost F. Benefits, Costs and Compliance circulation in the manner they are permitted if the well Executive Order 1996-1 requires a cost/benefit analysis penetrates a mine void. After further discussion with the of the proposed amendments. OGTAB, the Department concurs that this proposed change is appropriate. Benefits § 78.91. General provisions. The proposed amendments will benefit oil and gas operators by reducing reporting requirements, clarifying Well plugging procedures in this section allow an technical requirements pertaining to casing and cement- operator to fill the well with cement from the bottom of ing procedures and plugging procedures, providing stan- the well to the surface. The Coal and Gas Resource dards for oil spill prevention that are consistent with Coordination Act (58 P. S. §§ 501—518), and §§ 78.92 Federal requirements, and eliminating outdated and obso- and 78.93 (relating to wells in coal areas—surface or coal lete requirements. protective casing is cemented; and wells in coal areas— Compliance Cost surface or coal protective casing anchored with a packer or cement) require that a well plugged in a coal area be The proposed amendments impose no additional compli- provided with a vent to prevent a buildup of gas in a coal ance costs on the oil and gas operator. The proposed seam. These proposed amendments clarify the need for changes to the reporting requirements should decrease the vent if the well is being filled with cement. compliance costs to oil and gas operators by $12,500 per year. The Department’s costs of administering and enforc- § 78.123. Logs and additional data. ing these requirements will not change significantly. These proposed amendments correct a typographical Paperwork Requirements error regarding a subsection number and delete reference The proposed amendments will not result in additional to an expired program for determining gas well classifica- forms or reports. Since reports of predrilling surveys and tions under the Federal Natural Gas Policy Act. These annual monitoring reports for disposal or enhanced recov- proposed changes will reduce confusion. ery wells will only be submitted upon request of the Department, paperwork requirements are being reduced. § 78.125. Disposal and enhanced recovery well reports. G. Sunset Review Operators of disposal wells or enhanced recovery wells are required to submit to the Department copies of These regulations will be reviewed in accordance with annual monitoring reports submitted to the Environmen- the sunset review schedule published by the Department tal Protection Agency (EPA). These reports are part of the to determine whether the regulations effectively fulfill the Underground Injection Control Program administered by goals for which they were intended. EPA (the Commonwealth did not seek delegation). The H. Regulatory Review proposed amendments would have operators submit copies of the reports to the Department only upon request. Under section 5(a) of the Regulatory Review Act (71 The Department uses these reports, on occasion, when P. S. § 745.5(a)), on April 21, 1997, the Department investigating complaints. These proposed amendments submitted a copy of the proposed rulemaking to the reduce for operators unnecessary copying and mailing of Independent Regulatory Review Commission (IRRC) and reports to the Department. the Chairpersons of the Senate and House Environmental Resources and Energy Committees. In addition to submit- § 79.15. Fire prevention. ting the proposed amendments, the Department has provided IRRC and the Committees with a copy of a Operators are required, under Federal regulations (40 detailed regulatory analysis form prepared by the Depart- CFR 112) to construct and maintain a dike or other ment. A copy of this material is available to the public method of secondary containment around oil storage upon request. tanks of a certain size to prevent oil pollution. In December 1994, these requirements were adopted by the If IRRC has objections to any portion of the proposed Board by reference as part of § 78.64 (relating to contain- amendments, it will notify the Department within 30 ment around oil tanks). These proposed amendments to days of the close of the comment period. The notification Chapter 79 adopt the same standard by reference for oil shall specify the regulatory review criteria which have tanks at conservation wells. The proposed amendments not been met by that portion. The Regulatory Review Act provide consistent State and Federal standards in place of specifies detailed procedures for review by the Depart- outdated standards adopted at 1 Pa.B. 1726 (August 12, ment, the Governor and the General Assembly before 1971), which required earthen dikes with capacity of one final publication of the regulations. and one-half times the capacity of the tank it surrounds. I. Public Comment Chapter 80. Gas Well Classification. Written Comments—Interested persons are invited to submit comments, suggestions or objections regarding the These amendments delete Chapter 80 in its entirety. proposed amendments to the Environmental Quality Chapter 80 was adopted by the Board at 9 Pa.B. 3634 Board, P. O. Box 8477, Harrisburg, PA 17105-8477 (ex- (November 2, 1979), to allow the Department to conduct press mail: Rachel Carson State Office Building, 15th gas well classifications under the Federal Natural Gas Floor, 400 Market Street, Harrisburg, PA 17101-2301). Policy Act of 1978 (15 U.S.C.A. §§ 3301—3432; and 42 Comments submitted by facsimile will not be accepted. U.S.C.A. § 7255). This program provided incentive well Comments, suggestions or objections must be received by head gas prices to certain classifications of gas wells the Board by June 2, 1997 (within 30 days of publication which might otherwise not be drilled. Due to deregulation in the Pennsylvania Bulletin). Interested parties may also of portions of the natural gas industry by the Federal submit a summary of their comments to the Board. The Energy Regulatory Commission, this program was discon- summary may not exceed one page in length and must tinued on January 1, 1993. Consequently, Chapter 80 is also be received by June 2, 1997 (within 30 days following outdated and no longer needed. publication in the Pennsylvania Bulletin). The one-page

PENNSYLVANIA BULLETIN, VOL. 27, NO. 18, MAY 3, 1997 PROPOSED RULEMAKING 2129 summary will be provided to each member of the Board [ (5) ] (4) *** in the agenda packet distributed prior to the meeting at which the final regulations will be considered. [ (6) ] (5) *** Electronic Comments—Comments may be submitted [ (7) ] (6) *** electronically to the Board at [email protected]. pa.us and must also be received by the Board by June 2, [ (8) ] (7) *** 1997. A subject heading of the proposal and a return [ (9) ] (8) If the water does not meet the requirements name and address must be included in each transmission. of paragraph [ (3) ] (2) or [ (5) ] (4), [ it shall be If an acknowledgment of electronic comments is not contained and treated to meet the requirements received by the sender within 2 working days, the prior to land application. Treatment may not in- comments should be retransmitted to ensure receipt. clude dilution ] the Department may approve treat- JAMES M. SEIF, ment prior to discharge to the land surface. Chairperson Subchapter D. WELL DRILLING, OPERATION AND Fiscal Note: 7-318. No fiscal impact; (8) recommends PLUGGING adoption. CASING AND CEMENTING Annex A § 78.83. Surface and coal protective casing and ce- TITLE 25. ENVIRONMENTAL PROTECTION menting procedures. PART I. DEPARTMENT OF ENVIRONMENTAL ***** PROTECTION CHAPTER 78. OIL AND GAS WELLS (j) If [ the ] it is anticipated that cement used to permanently cement the surface casing [ is ] can not be Subchapter B. PERMITS, TRANSFERS AND OBJECTIONS circulated to the surface [ due to lost circulation in the wellbore, except as provided in subsection (h) PERMITS AND TRANSFERS and in enhanced recovery injection wells and dis- § 78.14. Transfer of well ownership or change of posal wells, no ] a cement [ baskets ] basket may be address. installed [ and no additional ] immediately above (a) Within 30 days after the sale, assignment, transfer, the depth of the lost circulation zone. The casing conveyance or exchange of a well, [ the former and ] the shall be permanently cemented by the displacement method. Additional cement may be added above the new owner or operator shall notify the Department, in cement basket, if necessary, by pumping through a writing, of the transfer of ownership. pour string from the surface [ into ] to fill the annular ***** space. [ Under these conditions, the annular space Subchapter C. ENVIRONMENTAL PROTECTION shall be kept open and vented. ] PERFORMANCE STANDARDS PLUGGING § 78.52. Predrilling or prealteration survey. § 78.91. General provisions. ***** ***** (d) [ The ] An operator electing to preserve its (h) In lieu of the plugging requirements of §§ 78.92— defenses under section 208(d)(1) of the act shall 78.95 and 78.97, an operator may cement a well from the provide a copy of the results of the survey to the total depth or attainable bottom to the surface. Wells in Department and the landowner or water purveyor within coal areas still shall meet the venting requirements [ 45 ] 10-calendar days of [ conducting the survey ] of § 78.92 or § 78.93 (relating to wells in coal being notified by the Department to submit a copy areas—surface or coal protective casing is ce- of the survey results. mented; and wells in coal areas—surface or coal ***** protective casing anchored with a packer or cement). § 78.60. Discharge requirements. Subchapter E. WELL REPORTING ***** § 78.123. Logs and additional data. (b) The owner and operator may not discharge tophole water or water in a pit as a result of precipitation by land ***** application unless the discharge is in accordance with the (c) The information requested by the Department un- following requirements: der subsections (a) [ —(c) ] and (b) shall be provided to (1) [ The water is characteristic of the natural the Department by the operator, within 3 years after background quality of the groundwater. completion of the well unless the Department has granted an extension or unless the Department has requested (2) ] No additives, drilling muds, pollutional materials information as described in subsection (d). If the Depart- or drilling fluids other than gases or fresh water have ment has granted an extension, the information shall be been added to or are contained in the water, unless submitted in accordance with the extension, but in no otherwise approved by the Department. [ The Depart- case may the extension exceed 5 years from the date of ment may approve treatment prior to discharge as completion of the well. a condition to approving additives in the water. (d) In accordance with the request of the Department, (3) ] (2) *** the operator shall submit the information described in this section for use in investigation or enforcement pro- [ (4) ] (3) *** ceedings, [ in making designations or determinations

PENNSYLVANIA BULLETIN, VOL. 27, NO. 18, MAY 3, 1997 2130 PROPOSED RULEMAKING under the Natural Gas Policy Act of 1978 (15 The Board approved the proposed amendments at its U.S.C.A. §§ 3301—3432 and 42 U.S.C.A. § 7255) and March 18, 1997, meeting. section 1927-A of The Administrative Code of 1929 A. Effective Date (71 P. S. § 510-27) ] or in aggregate form for statistical purposes. These amendments will be effective upon publication in § 78.125. Disposal and enhanced recovery well re- the Pennsylvania Bulletin as final rulemaking. ports. B. Contact Persons (a) The operator of a disposal or enhanced recovery For further information, contact Terry Black, Chief, well shall submit to the Department, upon request, a Regulation and Policy Development Section, Division of copy of the annual monitoring report submitted to the Compliance and Enforcement, Bureau of Air Quality, 12th EPA summarizing the results of the operator’s monitoring Floor, Rachel Carson State Office Building, P. O. Box as required by 40 CFR Part 146 (relating to underground 8468, Harrisburg, PA 17105-8468 (717) 787-1663; or M. injection control program) when these reports are submit- Dukes Pepper, Jr., Assistant Director, Bureau of Regula- ted to the EPA. This summary, at a minimum, shall tory Counsel, Office of Chief Counsel, 9th Floor, Rachel include the following: Carson State Office Building, P. O. Box 8464, Harrisburg, ***** PA 17105-8464, (717) 787-7060. Persons with a disability may use the AT&T Relay Service by calling (800) 654- CHAPTER 79. OIL AND GAS CONSERVATION 5984 (TDD users) or (800) 654-5988 (voice users). These WELL DRILLING AND USE proposed amendments are available electronically through the Department of Environmental Protection’s § 79.15. Fire prevention. (Department’s) Web site (http://www/dep.state.pa.us). ***** C. Statutory Authority (b) When it is deemed necessary by the Department to This action is being taken under the authority of protect life, health or property, the Department may section 5 of the Air Pollution Control Act (35 P. S. § 4005) require any [ lease or ] oil storage [ tanks ] tank to which grants to the Board the authority to adopt regula- [ be surrounded by an earthen dike which shall tions for the prevention, control, reduction and abatement have a capacity of 1 1/2 times the capacity of the of air pollution. tanks or tanks it surrounds, which dike shall be continually maintained; and the reservoir within D. Background of the Amendment shall be kept free from vegetation, water or oil ] These proposed amendments establish controls on the have a method of secondary containment which volatility of gasoline in the Pittsburgh-Beaver Valley Area meets the requirements of § 78.64 (relating to con- as part of the Commonwealth’s demonstration of attain- tainment around oil tanks). ment of the health-based ozone standard. Based on 1991 ***** through 1994 monitoring data, the EPA on July 19, 1995, determined that measured air quality in the area met the CHAPTER 80. (Reserved). ozone National Ambient Air Quality Standard (NAAQS) and that the statutory requirement for an attainment (Editor’s Note: As part of the regulatory package, the demonstration (and other related requirements) was no Department is proposing to delete the existing text of longer applicable. However, there were a number of ozone Chapter 80, which appears at 25 Pa. Code pages 80-1— exceedances in 1995 that resulted in a violation of the 80-17, serial pages (158659)—(158675).) ozone NAAQS. In response to this violation, the Governor § 80.1. (Reserved). formed the Southwestern Pennsylvania Ozone Stake- § 80.11. (Reserved). holder Working Group (Stakeholders) to review the ozone problem and recommend additional emission control pro- § 80.12. (Reserved). grams. §§ 80.21—80.26. (Reserved). In response to the 1995 ozone NAAQS violation, the §§ 80.31—80.34. (Reserved). EPA, on June 4, 1996, published a finding in the Federal Register (61 FR 28061 et seq.) that the area was no [Pa.B. Doc. No. 97-678. Filed for public inspection May 2, 1997, 9:00 a.m.] longer attaining the ozone standard and reinstated the applicability of the attainment demonstration and related requirements. These requirements are those established by Part D of Title I of the Clean Air Act, sections 182(b) and 172(c)(9) (42 U.S.C.A. §§ 7511a(b) and 7502(c)(9)). [25 PA. CODE CHS. 121, 126 AND 139] The EPA recognized the work of the Stakeholders when it Gasoline Volatility published the schedule for completion of the attainment demonstration for the Pittsburgh-Beaver Valley Ozone The Environmental Quality Board (Board) proposes to Nonattainment Area. The schedule was a result of a amend Chapters 121, 126 and 139 (relating to general letter submitted by the Commonwealth. Under the sched- provisions; standards for motor fuels; and sampling and ule, by December 31, 1997, the Commonwealth must testing) to read as set forth in Annex A. The proposed submit to the EPA, as a SIP revision, final regulations amendments will limit the volatility of gasoline sold in establishing the emission controls contained in Annex A. the Pittsburgh-Beaver Valley Area during the ozone sea- In the event the Commonwealth fails to meet this son. schedule, the sanctions established by the Clean Air Act will go into effect early in January 1998. These sanctions If adopted, these amendments will be submitted to the include 2 to 1 emission offsets and (after 6 months) the Environmental Protection Agency (EPA) as a revision to loss of Federal highway funds in the Pittsburgh-Beaver the State Implementation Plan (SIP). Valley Ozone Nonattainment Area.

PENNSYLVANIA BULLETIN, VOL. 27, NO. 18, MAY 3, 1997 PROPOSED RULEMAKING 2131

This proposal is one of four core emission reduction Section 126.304 (relating to compliance and test meth- strategies necessary for the demonstration of attainment ods) and the proposed amendments to Chapter 139 of the ozone standard. The four strategies are: establish the compliance test methods for evaluating fuel 1. Minor changes to the proposed low-enhanced (de- volatility and RVP. These test methods are consistent centralized) motor vehicle emission inspection and main- with the requirements established by the EPA. tenance program. F. Benefits, Costs and Compliance 2. The second phase (55% reduction) of the Ozone Executive Order 1996-1 requires a cost/benefit analysis Transport Commission Nox Memorandum of Understand- of the proposed amendments. ing. Benefits 3. Clean gasoline proposal. The approximately 2.8 to 3 million people in the seven 4. Stage II vapor control requirements. counties affected by these proposed amendments will These four core strategies were recognized by the benefit from the sale of cleaner burning fuel. Both low Stakeholders as necessary to achieve the ozone standard RVP gasoline and RFG have been proven to reduce in the Pittsburgh-Beaver Valley Area and this proposal emissions of volatile organic compounds (VOC), com- was recommended by the Stakeholders. In addition, the pounds that are instrumental in the formation of ground Department discussed these proposed amendments with level ozone. In addition, RFG lowers emissions of air the Air and Water Quality Technical Advisory Committee toxics, nitrogen oxides, carbon monoxide and benezene. (AWQTAC). At its January 10, 1997, meeting, the Air Compliance Costs Subcommittee of the AWQTAC, acting on behalf of AWQTAC, recommended adoption of the proposed amend- There will be an increased cost to the regulated comments. munity to produce compliant fuel. Both low RVP and RFG cost more to make than conventional gasoline. It is E. Summary of the Regulatory Revisions anticipated that the increased cost of production the The Department is proposing to add definitions for the refiners experience will be passed onto the consumer and, terms ‘‘compliant fuel,’’ ‘‘RFG—Federal reformulated gaso- consequently, the regulated community will not bear the line,’’ ‘‘importer,’’ ‘‘low RVP gasoline,’’ ‘‘Pittsburgh-Beaver increased cost. Estimates regarding the price per gallon Valley Area’’ and ‘‘RVP—Reid vapor pressure.’’ In addi- increases vary depending on a number of factors, but tion, the Department proposes to modify the definition of generally the increase has been documented to be 1¢ to ‘‘distributor.’’ 2¢ per gallon for low RVP and 3¢ to 5¢ per gallon for RFG. This cost, based on an estimate of the number of This proposal adds a new Subchapter C (relating to gallons sold in a 5-month period in the seven-county area, gasoline volatility requirements) to Chapter 126. Section could range from $4 million to $20 million each ozone 126.3 (relating to scope), provides that this new season. subchapter applies to the sale of gasoline in the Pittsburgh-Beaver Valley area between May 1 and Sep- Compliance Assistance Plan tember 30 of each calendar year. The Department plans to educate and assist the public Section 126.301 (relating to compliant fuel requirement) and regulated community with understanding the newly imposes a Reid vapor pressure (RVP) limit on all gasoline revised requirements and how to comply with them. This marketed in Allegheny, Armstrong, Beaver, Butler, will be accomplished through the Department’s ongoing Fayette, Washington and Westmoreland Counties. The regional compliance assistance program. proposed amendments also provide for Federal reformu- Paperwork Requirements lated gasoline (RFG) as an alternate compliant fuel. The proposed restrictions on fuel would be effective between There will be additional recordkeeping and reporting May 1 and September 30 of each year beginning in costs for any entity that sells or transfers gasoline calendar year 1998. Finally, if the RFG is required by intended for use in the seven-county Pittsburgh-Beaver Federal law to be sold in the Pittsburgh-Beaver Valley Valley Area during the ozone season. Each transferor or Area, the requirements of these amendments are termi- transferee will be required to alter its current recordkeep- nated. ing documents to include the information required by these proposed amendments. Section 126.302 (relating to labeling) establishes labeling requirements for gasoline dispensed at any retail G. Sunset Review outlet in the Pittsburgh-Beaver Valley area. It requires a These regulations will be reviewed in accordance with label providing that ‘‘from May 1 through September 30, the sunset review schedule published by the Department the gasoline dispensed from this pump is a cleaner to determine whether the regulations effectively fulfill the burning blend, designed to reduce ground level ozone, or goals for which they were intended. smog, in the Pittsburgh area. For more information about air quality and clean fuels, contact the Pennsylvania H. Regulatory Review Department of Environmental Protection at (717) 787- 9702.’’ Under section 5(a) of the Regulatory Review Act (71 P. S. § 745.5(a)), on April 21, 1997, the Department Section 126.303 (relating to recordkeeping and report- submitted a copy of the proposed rulemaking on April 21, ing) requires each entity in the gasoline dispensing 1997, to the Independent Regulatory Review Commission network, beginning with the terminal owner, to maintain (IRRC) and to the Chairpersons of the Senate and House records of the date, name and address of transferor or Environmental Resources and Energy Committees. In transferee, the location and volume of gasoline being sold addition to submitting the proposed amendments, the or transferred, and a statement certifying that the gaso- Department has provided IRRC and the Committees with line meets the RVP or RFG requirements. These records a copy of a detailed regulatory analysis form prepared by must be retained for at least 2 years from the date of sale the Department. A copy of this material is available to or transfer of the compliant fuel. the public upon request.

PENNSYLVANIA BULLETIN, VOL. 27, NO. 18, MAY 3, 1997 2132 PROPOSED RULEMAKING

If IRRC has objections to any portion of the proposed cally, the Department requests comments on the amount amendments, it will notify the Department within 30 of credit, the mechanism for generating, banking and days of the close of the public comment period. The using the mechanism and quantifying the credits along notification shall specify the regulatory review criteria with the procedure for ensuring that the reductions are which have not been met by that portion. The Regulatory permanent. Review Act specifies detailed procedures for the Depart- Finally, the Department requests comments on the ment, the Governor and the General Assembly to review sampling and testing protocol to determine whether gaso- these objections before final publication of the regula- line dispensing facilities selling mixtures of 7.8 RVP tions. gasoline and the RFG comply with the regulations. I. Public Comment and Board Public Hearing Electronic Comments Public Hearing Comments may be submitted electronically to the The Board will hold one public hearing for the purpose Board at [email protected]. A subject of accepting comments on the proposed amendments. The heading identifying the proposal and return name and hearing will be held on June 3, 1997, at 10 a.m., address must be included in each transmission. Com- Department of Environmental Protection, Southwest Re- ments submitted electronically must also be received by gional Office, 500 Waterfront Drive, Pittsburgh, PA. the Board by July 3, 1997. Persons wishing to present testimony at the hearing JAMES M. SEIF, must contact Nancy Roush at the Environmental Quality Chairperson Board, P. O. Box 8477, Harrisburg, PA 17105-8477 (717) 787-4526, at least 1 week in advance of the hearing to Fiscal Note: 7-319. (1) Clean Air Fund; (2) Implement- reserve a time to present testimony. Oral testimony will ing Year 1996-97 is $0; (3) 1st Succeeding Year 1997-98 is be limited to 10 minutes for each witness and three $79,000; 2nd Succeeding Year 1998-99 is $51,000; 3rd written copies of the oral testimony must be submitted at Succeeding Year 1999-00 is $51,000; 4th Succeeding Year the hearing. Each organization is requested to designate 2000-01 is $51,000; 5th Succeeding Year 2001-02 is one witness to present testimony on its behalf. $51,000; (4) Fiscal Year 1995-96 $25,770,000; Fiscal Year 1994-95 $19,045,000; Fiscal Year 1993-94 $18,483,000; (8) Persons with a disability who wish to attend the recommends adoption. hearing and require an auxiliary aid, service or other accommodations in order to participate, should contact These regulations may also result in increased costs to Nancy Roush at (717) 787-4526 or through the Pennsylva- Commonwealth agencies to purchase gasoline for Com- nia AT&T relay service at (800) 654-5984 (TDD) to monwealth vehicles. The total increased costs will depend discuss how the Department may accommodate their on the type and amount of fuel purchased, and market needs. conditions. The total increased costs cannot be estimated at this time, but is not expected to be significant. Written Comments (Editor’s Note: Proposals to amend § 121.1, proposed to In lieu of or in addition to presenting oral testimony at be amended in this document, remain outstanding at 27 the hearing, interested persons may submit written com- Pa.B. 1822 (April 12, 1997) and 27 Pa.B. 1829 (April 12, ments, suggestions or objections regarding the proposed 1997).) amendments to the Board, 15th Floor, Rachel Carson State Office Building, P. O. Box 8477, Harrisburg, PA Annex A 17105-8477. Comments received by facsimile will not be TITLE 25. ENVIRONMENTAL PROTECTION accepted. Comments must be received by July 3, 1997. In addition to the written comments, interested persons may PART I. DEPARTMENT OF ENVIRONMENTAL also submit a summary of their comments to the Board. PROTECTION This summary may not exceed 1 page in length and must Subchapter C. PROTECTION OF NATURAL be received by July 3, 1997. RESOURCES The summary will be provided to each member of the ARTICLE III. AIR RESOURCES Board in the agenda packet distributed prior to the meeting at which the final regulations will be considered. CHAPTER 121. GENERAL PROVISIONS The Department is specifically requesting comments on § 121.1. Definitions. the May 1 through September 30 compliance period. The definitions in section 3 of the act (35 P. S. § 4003) While this is the time frame established as the ozone apply to this article. In addition, the following words and season by the Department, other states and the EPA, the terms, when used in this article, have the following EPA has recognized the nature of the gasoline production meanings, unless the context clearly indicates otherwise: and transmission process in establishing the implementation period for its Federal RVP Program. This Federal ***** program allows a ramp-up period beginning May 1 with a Compliant fuel—Low RVP gasoline or RFG. requirement for compliant fuel beginning June 15. In addition, a ramp-down period begins September 1 and ***** ends on September 30. The Federal RFG Program is a year-round program. The Department requests comments Distributor—[ For purposes of the oxygenated fuels on whether to include a ramp-up and ramp-down period program, a ] A person who transports, stores or causes for terminal operators, retail outlets and others in the the transportation or storage of gasoline at any point distribution system to implement the compliant fuel between a refinery, an oxygenated blending facility or requirements during the ozone season. terminal and a retail outlet or wholesale purchaser- consumer’s facility. The term distributor includes a refin- The Department is also requesting comments on the ery, an oxygenated blending facility or a terminal. possibility of generating emission reduction credits when the RFG is sold rather than 7.8 RVP gasoline. Specifi- *****

PENNSYLVANIA BULLETIN, VOL. 27, NO. 18, MAY 3, 1997 PROPOSED RULEMAKING 2133

Importer—A person who imports gasoline or gaso- tains the following statement: ‘‘From May 1 through line blending stocks or components from a foreign September 30, the gasoline dispensed from this pump is a country into the United States. cleaner-burning blend, designed to reduce ground-level ***** ozone, or smog, in the Pittsburgh area. For more information about air quality and clean fuels, contact the Penn- Low RVP gasoline—Gasoline that has an RVP of sylvania Department of Environmental Protection at 7.8 pounds per square inch or less as determined in (717) 787-9702.’’ accordance with the appropriate sampling and test- (c) The statement described in subsection (b) shall be ing methodologies in 40 CFR Part 80, Appendix E Љ (relating to test for determining Reid Vapor Pres- in block letters of at least 20-point (3/16 ) bold type and sure (RVP) of gasoline and gasoline—oxygenate in a color that contrasts with the background. blends). (d) The label shall be placed on the upper 2/3 of the ***** vertical surface on each side of the dispenser with gallonage and price meters. Pittsburgh-Beaver Valley area—The seven county- area comprised of the following Pennsylvania § 126.303. Recordkeeping and reporting. Counties: Allegheny, Armstrong, Beaver, Butler, (a) Beginning with the terminal owner or operator who Fayette, Washington and Westmoreland. sells or transfers gasoline intended for use in the ***** Pittsburgh-Beaver Valley area during the period described in § 126.301(a) (relating to compliant fuel re- RFG—Federal reformulated gasoline—Gasoline quirements), each time the physical custody of or title to that meets the requirements for RFG as specified in a shipment of gasoline changes hands other than when 40 CFR Part 80 Subpart D (relating to reformulated gasoline is sold or transferred for use in motor vehicles at gasoline). a retail outlet or wholesale purchaser-consumer’s facility, RVP—Reid vapor pressure—The measure of pres- the transferor shall provide to the transferee a copy of the sure exerted on the interior of a special container record described in this subsection. This record shall as determined by the appropriate methodologies in legibly and conspicuously contain, at a minimum, the 40 CFR Part 80 Appendix E. following information: ***** (1) The date of the sale or transfer. CHAPTER 126. STANDARDS FOR MOTOR FUELS (2) The name and address of the transferor. (Editor’s Note: Sections 126.301—126.305 are new and (3) The name and address of the transferee. are printed in regular type to enhance readability.) (4) The location of the gasoline at the time of transfer. Subchapter C. GASOLINE VOLATILITY (5) The volume of gasoline which is being sold or REQUIREMENTS transferred. Sec. 126.301. Compliant fuel requirement. (6) A statement certifying that the gasoline has an RVP 126.302. Labeling requirements. of 7.8 pounds per square inch or less per gallon or is 126.303. Recordkeeping and reporting. certified as RFG. If the gasoline is certified as RFG, each 126.304. Compliance and test methods. invoice, loading ticket, bill of lading, delivery ticket and § 126.301. Compliant fuel requirement. other document that accompanies a shipment of RFG (a) This subchapter applies to gasoline which is sold or shall contain a statement from the refiner that certifies transferred into or within the Pittsburgh-Beaver Valley this fact. area during the period May 1 through September 30, (b) A person who transports, stores or sells compliant 1998, and continuing every year thereafter. fuel that is intended for use in the Pittsburgh-Beaver (b) No refiner, importer, distributor, reseller, carrier, Valley area during the period described in § 126.301(a), wholesale purchaser-consumer or retailer may: shall segregate the compliant fuel from noncompliant fuel and shall accompany the compliant fuel by the documen- (1) Sell, exchange or supply gasoline that is not a tation described in subsection (a), at all times. compliant fuel during the period described in subsection (a). (c) Each person in the gasoline distribution network shall maintain records containing the compliance infor- (2) Blend, mix, store or transport or allow blending, mation listed in subsection (a). These records shall be mixing, storing or transporting of compliant fuel with retained for at least 2 years from the date of the sale or noncompliant fuel during the period described in subsec- transfer of compliant fuel. tion (a). § 126.304. Compliance and test methods. (c) If RFG is required by operation of Federal law to be sold in the Pittsburgh-Beaver Valley, this subchapter no (a) Compliance with the 7.8 pounds per square inch longer applies after the date that RFG is required to be RVP standard shall be determined by use of the sampling sold. and testing methods specified in this section. Any sampling or testing of gasoline required by this chapter shall § 126.302. Labeling requirements. be accomplished as follows: (a) Retailers are responsible for compliance with the (1) Sampling of gasoline for the purpose of determining labeling requirements of this section. compliance with this subchapter shall be conducted in accordance with 40 CFR Part 80, Appendix D (relating to (b) During the time period described in § 126.301(a) sampling procedures for fuel volatility). (relating to compliant fuel requirements), each gasoline dispenser from which a compliant fuel is dispensed at a (2) Testing of gasoline for purposes of determining retail outlet in the Pittsburgh-Beaver Valley area shall compliance with this rule shall be conducted in accord- have affixed a legible and conspicuous label which con- ance with 40 CFR Part 80, Appendix E (relating to test

PENNSYLVANIA BULLETIN, VOL. 27, NO. 18, MAY 3, 1997 2134 PROPOSED RULEMAKING for determining Reid Vapor Pressure (RVP) of gasoline may not be recovered now that competition is going to be and gasoline—oxygenate blend). implemented in this Commonwealth. (b) RFG shall be certified and tested in accordance Executive Summary with the requirements listed in 40 CFR Part 80 Subpart At its public meeting of April 10, 1997, the Commission D (relating to reformulated gasoline). adopted an order establishing proposed ministerial re- CHAPTER 139. SAMPLING AND TESTING quirements for the perfection of security interests in intangible transition property pursuant to 66 Pa.C.S. Subchapter A. SAMPLING AND TESTING § 2812(d) of the Electric Generation Customer Choice Act METHODS AND PROCEDURES of 1996 (act). Final regulations are necessary to facilitate GENERAL the issuance of the transition bonds allowed under 66 Pa.C.S. § 2812. § 139.4. References. A public comment period of 20 days will be provided for The references referred to in this subchapter are as good cause under 45 P. S. § 1204(1)(iii). This is being follows: done for several reasons. First, regulations should be in place, near the time the Commission takes action on a ***** qualified rate order under 66 Pa.C.S. § 2812, so that (18) ‘‘Sampling Procedures for Fuel Volatility,’’ 40 transition bonds can be issued. Second, final regulations CFR Part 80, Appendix D (relating to reformated should be in place so that petitioners can avail them- gasoline). selves of the review options provided for in the act without adverse consequences on plans for the issuance of (19) ‘‘Tests for Determining Reid Vapor Pressure transition bonds. Finally, the absence of these ministerial (RVP) of Gasoline and Gasoline-Oxygenate Blends,’’ regulations, which only establish agency process or proce- 40 CFR Part 80, Appendix E (relating to test for dure for securing perfection, might delay the issuance of determining Reid Vapor Pressure (RVP) of gasoline transition bonds. The resulting loss of marketing opportu- and gasoline—oxygenate blends). nities and higher costs might be contrary to those reason- STATIONARY SOURCES ably intended by the act. The Commission contacts are Joseph K. Witmer, Assis- § 139.14. Emissions of VOCs. tant Counsel, Law Bureau (717) 787-3663 and Shirley M. ***** Leming, Regulatory Coordinator, Law Bureau (717) 772- 4597. (b) The following are applicable to tests for determining the emissions of VOCs: Regulatory Review Under section 5(a) of the Regulatory Review Act (71 ***** P. S. § 745.5(a)), on April 21, 1997, the Commission (8) Test methods for the determination of RVP in submitted a copy of these proposed regulations to the gasoline shall be in accordance with the procedures Independent Regulatory Review Commission (IRRC) and in 40 CFR Part 80, Appendix E (relating to test for to the Chairpersons of the House Committee on Con- determining Reid Vapor Pressure (RVP) of gasoline sumer Affairs and the Senate Committee on Consumer and gasoline—oxygenate blends). Protection and Professional Licensure. In addition to [Pa.B. Doc. No. 97-679. Filed for public inspection May 2, 1997, 9:00 a.m.] submitting the proposed regulations, the Commission has provided IRRC and the Committees with a copy of a detailed Regulatory Analysis Form prepared by the Com- mission in compliance with Executive Order 1996-1. A copy of this material is available to the public upon request. PENNSYLVANIA PUBLIC If the Legislative Committees have objection to any portion of the proposed regulations, they will notify the UTILITY COMMISSION Commission within 20 days of the close of the public comment period. If IRRC has objections to any portion of [52 PA. CODE CHS. 1 AND 74] the proposed regulations, it will notify the Commission within 30 days of the close of the public comment period. [L-970122] The notification shall specify the regulatory review criteria which have not been met by that portion. The Perfection of Security Interests in Intangible Tran- Regulatory Review Act specifies detailed procedures for sition Property review, prior to final publication of the regulations, by the Commission, the General Assembly and the Governor of The Pennsylvania Public Utility Commission (Commis- objections raised. sion) on April 10, 1997, adopted a proposed rulemaking to Public meeting establish processes necessary for the perfection of security held April 10, 1997 interests in intangible transition property required by 66 Pa.C.S. § 2812(d) (relating to approval of transition Commissioners Present: John M. Quain, Chairperson; bonds). These proposed regulations are necessary to guar- Lisa Crutchfield, Vice-Chairperson; John Hanger; David antee investors that they will have first priority in the W. Rolka; and Robert K. Bloom money being collected to pay off any security bonds issued Proposed Rulemaking Order (Corrected) under 66 Pa.C.S. § 2812(d). These bonds may be necessary to help electric utilities manage the transition to By the Commission: electric competition in this Commonwealth. The bonds Before the Commission for disposition today is a pro- would help retire the stranded costs a utility faces. posed rulemaking required under 66 Pa.C.S. § 2812(d) of Stranded costs represent the expenses a utility incurred the Electricity Generation Customer Choice and Competi- to provide electricity before competition, which expenses tion Act.

PENNSYLVANIA BULLETIN, VOL. 27, NO. 18, MAY 3, 1997 PROPOSED RULEMAKING 2135

Background Discussion On December 3, 1996, Governor Tom Ridge signed into The Commission is required under 66 Pa.C.S. law the Electricity Generation Customer Choice and § 2812(d)(3) to promulgate regulations governing the Competition Act (act). The act revised the Public Utility perfection of security interests arising under any Code, 66 Pa.C.S. § 101 et seq., by, inter alia, adding Commission-issued QRO. 66 Pa.C.S. § 2812(d)(3). The Chapter 28 (relating to restructuring of the electric utility Commission is also required by 66 Pa.C.S. § 2812(d)(4) to industry). establish and maintain a separate system of records to reflect the date and time of receipt of all filings. The The purpose of the act is to provide for an orderly Commission may also provide for the transfer of intan- transition of the Pennsylvania electric industry from a gible transition property to an assignee in accordance vertically integrated monopoly to a structure which would with such a system. Consequently, the Commission must support the development of a competitive retail electric adopt regulations to fulfill these statutory requirements. generation market while retaining a natural monopoly in The Commission is required to act in an extremely the transmission and distribution markets. The ultimate abbreviated time frame. goal is to permit all Pennsylvania retail electricity customers to have direct access to a competitive generation The regulations developed by the Commission in fur- market while simultaneously enjoying the continued reli- therance of section 2812’s requirements, attached to this ability and safety of existing transmission and distribu- order as Annex A, are ministerial in nature. The proposed tion services. regulations will establish agency process or procedures for securing perfection. The regulations would be located in One component of the transition to a competitive Chapter 74. The regulations are entitled ‘‘Perfection of generation market involves the issuance of Qualified Rate Security Interests in Intangible Transition Property.’’ Orders (QROs) to facilitate the recovery or financing of certain qualified transition expenses of an electric utility This rulemaking will facilitate the timely and cost- or assignee as part of the restructuring contemplated effective perfection of security interests in intangible under the act. 66 Pa.C.S. § 2812(a). transition property as required by section 2812(d) of the act. Regulations for the perfection of security interests QROs may issue upon application of an electric utility are critical to the bond closing that precedes the sale of either concurrently with, prior to, during or following the issued transition bonds. filing of an electric utility’s restructuring plan and, in certain instances, an electric utility may also seek expe- The Commission currently has before it one petition for dited review of a QRO application. 66 Pa.C.S. expedited issuance of a QRO. The Commission could issue §§ 2812(a)(2)(ii); 2812(b). a QRO as early as May 1997. The general requirements governing the QRO applica- In addition, the Commission has several restructuring tions are set forth in the act. Each application for a QRO filings pending before it. See PP&L Petition, Docket No. shall contain a complete accounting of the utility’s transi- R-00973954; PECO Petition, Docket No. R-00973953. The tion or stranded costs, detailed information regarding the Commission expects additional restructuring filings and utility’s proposal for the sale of intangible transition more petitions for QROs during or after review of the property or the issuance of transition bonds and informa- restructuring filings. tion regarding the electric utility’s planned use of the The absence of regulations, given these developments, proceeds of the sale or issuance. 66 Pa.C.S. could delay the implementation of section 2812(d) of the § 2812(a)(2)(i). After notice and opportunity to be heard, act and result in higher-than-necessary costs for Pennsyl- the Commission may issue a final QRO for all or a vania’s ratepayers. That is because the absence of regula- portion of the amount of transition or stranded costs that tions necessarily delays the issuance of transition bonds it finds would be just and reasonable for the utility to by Pennsylvania’s utilities. The failure to be able to recover from ratepayers under sections 2804 and 2808 expeditiously market transition bonds, backed by security (relating to standards; and competitive transition charge) interests perfected under these regulations, could result of the act. The Commission will issue a final QRO only in the loss of an opportunity for Pennsylvania utilities to for the amounts found to be in the public interest. 66 lower transition costs. The later issuance of transition Pa.C.S. § 2812(a)(2)(iii). bonds, especially if coupled with changes in the interest The Commission is required to complete its review of rate, would result in higher costs. Those additional costs the application and issue its final determination by the could frustrate the act’s goal of reducing electric costs later of 9 months from the filing, unless the electric with adverse economic consequences for Pennsylvania. utility requests expedited treatment under 66 Pa.C.S. The Commission developed the proposed regulations § 2812(b), or 15 days following the filing of the electric after research and consultation with the Department of utility’s restructuring plan under 66 Pa.C.S. § 2806. 66 State’s Corporation Bureau and others. The Commission Pa.C.S. § 2812(a)(2)(iii). In the case of expedited review began reviewing the act in January 1997, in conjunction under 66 Pa.C.S. § 2812(b), the Commission is required with issuance of its earlier guidelines governing QRO to complete its review of the application and issue its applications under section 2812 of the act, with a view to final determination within 120 days after the request for fashioning the necessary regulations. The Commission expedited review, but, in no event, earlier than 15 days consulted with the Department of State’s Corporation after the utility has filed its restructuring plan under Bureau on existing procedures used under Pennsylvania section 2806 of the act. 66 Pa.C.S. § 2812(b)(1)(i). law for the perfection of security interests. The Commis- The granting, perfection and enforcement of security sion also consulted with the Pennsylvania Electric Asso- interests in intangible transition property is necessary ciation (PEA) regarding the procedural devices necessary before the issuance of transition bonds issued under the to perfect a security interest that would support the Commission’s determination regarding a petitioner’s issuance of transition bonds. stranded costs. The perfection is governed by the act Regulations must be in place for marketable transition instead of Title 13 of Pennsylvania’s Uniform Consoli- bonds to be issued. Absent regulations, a petitioner dated Statutes. 66 Pa.C.S. § 2812(d)(2). possessing a QRO will be unable to proceed to bond

PENNSYLVANIA BULLETIN, VOL. 27, NO. 18, MAY 3, 1997 2136 PROPOSED RULEMAKING closing because of the inability to secure perfection of an ment of security interests and the role of the filing officer underlying security interest. With regulations in place, a in these matters. Section 74.10 (relating to release or petitioner can rapidly proceed to perfect a security inter- retransfer; filing officer; fees) governs the release or est and issue marketable transition bonds sooner than retransfer of a security interest. Section 74.11 (relating to later. information requests; filing officer) establishes procedures for obtaining information requests on a security filing as In addition, section 2812(d)(3) of the act requires the well as the furnishing of certificates for any security Commission to have regulations governing the perfection of security interests without regard to whether or not a filing. petitioner is seeking expedited review under the act. The Section 74.12 (relating to record retention; admissibil- Commission believes that the necessity of providing the ity; filing officer) establishes the requirements for record process for security interest perfection under the act, the retention. Section 74.13 (relating to fees; notice of potentially adverse consequences of not having regula- changes) governs notice changes. Section 74.14 (relating tions in place, and the ministerial nature of the regula- to forms officer) establishes a forms officer and sets forth tions, which only establishes the agency procedure or the forms required to be available for filing under the practice for securing perfection, justify a 20-day public regulations. comment period under 45 P. S. § 1204(1)(iii). The filing fees for the perfection of security interests The Commission is also taking other measures that under the act are set forth in § 1.43(a) (relating to effectively extends the public comment period beyond 20 schedule of fees payable to the Commission). These filing days. The Commission is placing the text of the proposed fees are required by the Commission to cover the reason- regulations and the public comment deadline on the able costs, including staffing and related infrastructure Commission’s publicly available electronic bulletin board. support and development, needed to establish and operate The Commission is also mailing the proposed regulations the perfection processes required by the act. These perfec- and public comment deadline to all parties that partici- tion processes for transition bonds may run as long as pated in our earlier implementation orders. The Commis- 9-years under 66 Pa.C.S. §§ 2808 and 2812. The filing sion is further providing a copy of the proposed regula- fees imposed by the Commission would facilitate the fair tions and public comment deadline to the PEA, the and orderly transition to competition as required by 66 Pennsylvania Bankers’ Association, the Securities Com- Pa.C.S. § 2802(13) (relating to declaration of policy) and mission and the Department of State’s Corporation Bu- are flexible as required by 66 Pa.C.S. § 2812(b)(9). In reau. addition, the fees would allocate the costs of providing Given these considerations, the Commission concludes such services to the source of cost causation consistent that the ministerial nature of the regulations, which only with the general principle of economic pricing. Finally, establishes the agency procedure or practice for securing the fees collected by the Commission for perfection- perfection, and the exigencies of the act constitute good related services constitute reasonable cost-based charges cause for a 20-day public comment period under 45 P. S. as required by 66 Pa.C.S. § 317(a) (relating to fees for § 1204(1)(iii). That conclusion is bolstered by the addi- services rendered by commission). tional steps the Commission is taking to expand opportu- The Commission notes that the proposed regulations nities for providing public comment during that 20-day are an amalgam of material from several sources. They period. differ in minor procedural ways from the comments Section 74.1 (relating to purpose) sets forth the purpose provided by others. of the regulations. Section 74.2 (relating to definitions) The Commission seeks general comments on the pro- provides a list of definitions for the regulations. The posed regulations as well as specific comments on the definition section consists of definitions taken from the minor procedural variations. In both instances, persons act as well as those derived from the comments of others. submitting comments are requested to provide supporting Section 74.3 (relating to liberal construction) provides justification for requested revisions and proposed regula- for the liberal construction of the regulations to facilitate tory language. perfection of security interests. Section 74.4 (relating to The Commission has identified five issues for specific information, filing and hours) sets forth the location for comment. These are as follows: information about the filing and the hours for receipt of filings under the regulations. Section 74.5 (relating to Issue 1: Filing Date v. Effective Date. The Commission’s place of filing; informational filing) establishes the place proposed regulations make a distinction between the of filing and requires an informational filing be made filing date and the effective date for perfection of a with the Department of State’s Corporation Bureau. security interest. The Commission thinks this distinction is necessary so that it has the ability to reject filings that Section 74.6 (relating to intangible transition property have more than minor problems under § 74.6(h). Without notice requirements; amendments; forms; error; this distinction, every filing is effective when filed regard- recharacterization) sets forth the general rule and re- less of its conformity with the regulations. quirements for filing an intangible transition property notice under the regulations and the procedures that will Issue 2: Definitions. The Commission has defined terms govern minor errors, amendments and recharacteriza- under the act. In the absence of language in the act, the tions. Section 74.7 (relating to intangible transition prop- Commission has crafted definitions to support perfection erty notice filing; duration lapses; filing officer; fees) of security interests. Some adjustments may be necessary. governs the filing of notices, the duration of notice, lapses in notice and the role of the filing officer under the Issue 3: Liberal Construction. The Commission requires regulations. Section 74.8 (relating to termination notice; the liberal construction of the proposed regulations. The filing officer; fees) governs termination notices and filing Commission thinks that liberal construction is necessary officer duties under the regulations. to resolve the ambiguities that could arise from application of the regulations in specific instances. Without this Section 74.9 (relating to assignment of security interest; authority, the Commission’s inability to act could jeopar- filing officer; fees) establishes procedures for the assign- dize the perfection of security interests.

PENNSYLVANIA BULLETIN, VOL. 27, NO. 18, MAY 3, 1997 PROPOSED RULEMAKING 2137

Issue 4: Retention of Discretion. Section 74.9(a) pre- Annex A serves administrative discretion. The Commission be- TITLE 52. PUBLIC UTILITIES lieves that discretion is necessary to respond to factual and regulatory developments arising after the regulations PART I. PENNSYLVANIA PUBLIC UTILITY go into effect. COMMISSION Subpart A. GENERAL PROVISIONS Issue 5: Use of Proposed Forms and UCC-1 and UCC-3. The Commission proposes to require the filing of Form A CHAPTER 1. RULES OF ADMINISTRATIVE and Form B as well as UCC-1 and UCC-3. The Commis- PRACTICE AND PROCEDURE sion thinks this is necessary in light of the informational § 1.43. Schedule of fees payable to the Commission. filing with the Department of State which will be re- (a) Fees for services. The fees for services rendered by quired by these regulations. The Commission also thinks the Commission are as follows: that such a requirement is supported by the fact that other security interests are perfected in this Common- Fee wealth by filing the UCC Form-1 and UCC Form-3. Description (in dollars) ***** Accordingly, under 66 Pa.C.S. §§ 501 and 2812(d) of the Public Utility Code; the Commonwealth Documents Law Initial filing and perfection of $.00005 of Tran- Form A & UCC-1 for intangible sition Bond (45 P. S. § 1201 et seq.); and 71 P. S. § 745.1 et seq., the transition property notice Face Value or Commission issues the proposed regulations, attached as $100,000 which- Annex A of this order and as published in the Pennsylva- ever is lower. nia Bulletin, for comment; Therefore, Subsequent filing of notice $.0000005 of It is Ordered that: changes in intangible transition Transition Bond property notice on Form B & Face Value or 1. A rulemaking docket shall be opened to promulgate UCC-3 $1,000 which- regulations for the perfection of security interests in ever is lower. intangible transition property under 66 Pa.C.S. § 2812(d) as set forth in Annex A of this order. Public information requests $10 and per page copying 2. The Secretary shall submit this order and Annex A costs. to Office of the Attorney General for preliminary review ***** as to form and legality. Subpart C. FIXED SERVICE UTILITIES 3. The Secretary shall submit a copy of this order, CHAPTER 74. PERFECTION OF SECURITY together with Annex A, to the Governor’s Budget Office INTEREST IN INTANGIBLE TRANSITION for review of fiscal impact. PROPERTY 4. The Secretary shall submit this order and Annex A Sec, for informal review and comments by the designated 74.1. Purpose. 74.2. Definitions. standing committees of both Houses of the General 74.3. Liberal construction. Assembly, and for informal review and comments by 74.4. Information, filing and hours. IRRC. 74.5. Place of filing; informational filing. 74.6. Intangible transition property notice requirements; amendment; forms; error; recharacterization. 5. The Secretary shall duly certify this order and 74.7. Intangible transition property notice filing; duration lapses; Annex A and deposit them with the Legislative Reference filing officer; fees. Bureau for publication in the Pennsylvania Bulletin. 74.8. Termination notice; filing officer; fees. 74.9. Assignment of security interest; filing officer; fees. 6. The Secretary shall provide a copy of this order and 74.10. Release or retransfer; filing officer; fees. 74.11. Information requests; filing officer; fees. Annex A for placement on the Commission’s electronic 74.12. Record retention; admissibility; filing officer. Bulletin Board, to the Department of State’s Corporation 74.13. Fees; notice changes. Bureau, the Pennsylvania Electric Association, the Penn- 74.14. Forms officer. sylvania Banking Association and the Commonwealth of § 74.1. Purpose. Pennsylvania Securities Commission for review and comment within the period prescribed by 45 P. S. This chapter implements the ministerial requirements § 1204(1)(iii) below. of section 2812(d)(1)—(4) of the act (relating to approval of transition bonds) governing the granting, perfection or 7. That, within 20 days of this order’s publication in enforcement of a security interest in intangible transition the Pennsylvania Bulletin, consistent with 45 P. S. property. This chapter establishes the recordkeeping regu- § 1204(1)(iii), an original and 15 copies of any comments lations and requirements and provides technical rules on concerning this order should be submitted to the Office of administration. This chapter also establishes how an the Prothonotary, Pennsylvania Public Utility Commis- intangible transition property notice is filed, what a filing sion, P. O. Box 3265, Harrisburg, PA 17105-3265. shall contain and what obligatory record retention re- JOHN G. ALFORD, quirements are imposed on the Commission. This chapter Secretary governs notice, amendment, effectiveness and termination of the security interest. Fiscal Note: 57-183. No fiscal impact; (8) recommends § 74.2. Definitions. adoption. The fees assessed by the Commission under these regulations are anticipated to offset related admin- The following words and terms, when used in this istrative costs, thereby resulting in a net effect of no chapter, have the following meanings, unless the context increased costs to the Commission. indicates otherwise:

PENNSYLVANIA BULLETIN, VOL. 27, NO. 18, MAY 3, 1997 2138 PROPOSED RULEMAKING

Act—66 Pa.C.S. Chapter 28 (relating to restructuring of Information request—A request from a party or person electric utility industry). to the Commission concerning the granting, perfection or enforcement of a security interest. Assignee—A person, partnership, corporation, public authority or trust, whether public or private, that suc- Intangible transition property—A notice of a security ceeds to the interest of a financing party in intangible interest in, or of a transfer to an assignee of, intangible transition property. The term includes a transferee and transition property. References to an intangible transition any other relevant party. The term also includes a party property include all properly filed amendments to a necessary for any action taken. The term does not include notice, unless the context otherwise requires, and subject the Commission. to the limitations provided. Assignment—A transfer of an existing security interest, Intangible transition property notice—A section filing or of the interest of an assignee, in intangible transition submitted by a party in furtherance of section 2812(d) of property. the act (relating to approval of transition bonds). Assignor—An electric utility or others who transfer an Lapse—An event that causes the perfection accorded a interest in intangible transition property to an assignee. security interest to become unperfected. Certificate—A document establishing whether there is Party—A person, partnership, corporation, public au- on file with the Commission on the date and hour stated thority or trust, whether public or private, seeking the a presently effective intangible transition property notice granting, perfection or enforcement of a security interest. with information sufficient to provide the necessary iden- The term does not include the Commission. tification information. Person—A human being, partnership, corporation, pub- Commission—The Pennsylvania Public Utility Commis- lic authority or trust, whether public or private, existing sion, including an appointed successor entity. under the laws of the Commonwealth, another state, the United States or a foreign country. Continuation notice—A filing submitted to extend the effective date of a filing beyond the initial 12-year Qualified rate order—An adopted and entered order of effective date. the Commission consistent with the act. Department of State—The Corporation Bureau of the Qualified rate order docket number—The established Department of State of the Commonwealth including an Commission filing number for an adopted and entered appointed successor entity. qualified rate order. Effective date—The date an intangible transition prop- Release—An action taken by an assignee to return to erty notice filing will be deemed complete. an assignor all or a portion of the interest of the assignee in intangible transition property. File number—A numerical sequence used to identify a filing by means other than the qualified rate order docket Retransfer—An action taken by a party to alter a right, number and the general docket number. duty or obligation concerning the granting, perfection or enforcement of a security interest. Filing—The submission of a completed intangible transition property notice or other document described in this Security interest—An interest in intangible transition chapter to the filing officer, together with the applicable property securing the payment of performance of an filing or processing fee, and the acceptance thereof as obligation. complete by the filing officer. Successor—A party, person, partnership, corporation, Filing date—The date on which a filing is made as public authority or trust, whether public or private, which described in this chapter. succeeds in interest to the rights and responsibilities of a party to a transaction concerning intangible transition Filing officer—An authorized person in the Office of the property. The term does not include the Commission. Prothonotary of the Commission, including an appointed successor entity or office. Termination notice—The notification provided to a requesting grantor concerning the termination of an encum- Filing party—A party, person, partnership, corporation, brance arising from a security interest previously granted public authority or trust, whether public or private, who and perfected. makes a filing under this chapter. The term does not include the Commission. § 74.3. Liberal construction. Financing party—A party, person, partnership, corpora- (a) This chapter will be liberally construed to ensure tion, public authority or trust, whether public or private, that legal, equitable, efficient and cost-effective require- including an assignee, whose interest in intangible transi- ments are in place concerning the granting, perfection or tion property is or may be secured. The term includes enforcement of a security interest. anyone necessary for action to be taken. The term does (b) The Commission or filing officer may waive a not include the Commission. requirement of this chapter when necessary or appropriate, if the waiver does not adversely affect a substantive General docket number—The generic docket location right of a person or party, in order to effectuate the established by the Commission as a repository for filings granting, perfection or enforcement of a security interest pertaining to the granting, perfection or enforcement of a arising under the act or this chapter. security interest. § 74.4. Information, filing and hours. Grantor—An electric utility or other party, partnership, person, corporation, public authority or trust, whether (a) Information as to procedures and forms for filing public or private, who grants a security interest in under this chapter, and instructions supplementing this intangible transition property to another person. The chapter in special instances, may be obtained upon term does not include the Commission. request:

PENNSYLVANIA BULLETIN, VOL. 27, NO. 18, MAY 3, 1997 PROPOSED RULEMAKING 2139

Office of the Prothonotary property notice relates to less than all of the qualified Pennsylvania Public Utility Commission rate order, the portion or the amount thereof to which the P. O. Box 3265 intangible transition property notice shall be stated. Harrisburg, Pennsylvania 17105-3265 (9) The Commission docket number and date of entry (b) Submittal, filings, requests, forms and all other of the qualified rate order from which an intangible communications either written or otherwise should be transition property is derived. addressed as follows: (10) The general docket number established by the Office of the Prothonotary filing officer as a repository at the Commission for all Pennsylvania Public Utility Commission filings submitted for the granting, perfection or enforce- P. O. Box 3265 ment of a security interest. Harrisburg, Pennsylvania 17105-3265 (b) Filing sequence. An intangible transition property (c) Unless directed otherwise by the Governor or due to notice may be filed before a security agreement or unforeseen circumstances, the Commission offices will be assignment is made or a security interest otherwise open from 8 a.m. until 4:30 p.m. on business days except attaches or an assignment becomes effective. Saturdays, Sundays and legal holidays. (c) Effect of partial completion. An intangible transition § 74.5. Place of filing; informational filing. property notice which otherwise complies with this sec- (a) Place of filing. An intangible transition property tion will be deemed complete and effective when it is notice shall be filed with the filing officer of the Commis- signed by the financing party or assignee instead of the sion by the filing party and be accompanied by the grantor or assignor, if it is filed to perfect a security payment of all filing fees established by the Commission. interest in or record a transfer to an assignee of: (b) Informational filing. An intangible transition prop- (1) In the case of a security interest, intangible transi- erty notice shall also be filed by the filing party with the tion property as to which the filing of a security interest Department of State in accordance with the procedures has lapsed. and fees as determined to be necessary by the Depart- (2) Intangible transition property under a security ment of State. An intangible transition property notice agreement or an agreement effecting a transfer to an filed with the Department of State will be deemed for assignee signed by the grantor or assignor and authoriz- informational purposes only and will have no force and ing the financing party or the assignee, as the case may effect under section 2812(d) of the act (relating to ap- be, to file an intangible transition property notice. An proval of transition bonds). The filing party shall file a intangible transition property notice shall state that it is copy of an intangible transition property notice for infor- filed in accordance with a security agreement or an mational purposes with the Department of State within a agreement effecting a transfer signed by the grantor or reasonable time after the filing date. assignor and authorizing the filing of the notice and may (c) Effect of successor entity on filing. An effective be filed by the financing party or the assignee. intangible transition property notice continues in force (d) Form. A filing party shall submit Form A and and effect even though the grantor or assignor whose UCC-1, to comply with this section. Both Form A and intangible transition property notice is (or originally was) UCC-1 shall be filed with the Commission and the the subject of a filing merges, consolidates or otherwise Secretary of State. reorganizes. § 74.6. Intangible transition property notice re- (e) Amendments. An intangible transition property no- quirements; amendment; forms; error; recharac- tice may be amended only with a filed writing signed by terization. both the grantor or assignor and the financing party or assignee, as the case may be. An amendment does not (a) General. An intangible transition property notice extend the period of effectiveness of an intangible transi- will be deemed complete and have an effective date if it tion property notice. If any amendment adds intangible provides the following: transition property, it is effective as to the added intan- (1) The name of the grantor or assignor. gible transition property only from the effective date of filing of the amendment. (2) The address of the grantor or assignor. (f) Amendment form. A filing party shall submit Form (3) A signature of an authorized person acting on B and UCC-3 to comply with this section. behalf of the grantor or assignor. (g) Sufficiency of name. An intangible transition prop- (4) The name of the financing party or assignee. erty notice sufficiently shows the name of the grantor or (5) The address of the financing party or assignee. assignor if it gives the partnership or corporate name of a party, whether or not it adds other trade names or the (6) The signature of an authorized person acting on names of partners. A filed intangible transition property behalf of the financing party or assignee. notice remains effective with respect to intangible transi- (7) A statement constituting notice to the public that tion property transferred by the grantor or assignor even information concerning the security interest or assign- though the financing party or the assignee knows of or ment which is the subject of the intangible transition consents to the transfer. property notice may be obtained from the financing party (h) Effect of minor errors; recharacterization. An intan- or assignee and which provides the name and address of gible transition property notice substantially complying the financing party or assignee. with this section will be sufficient even if it contains (8) A statement setting forth whether all or a portion of minor errors which are not seriously misleading. If an the recovery permitted under the qualified rate order, intangible transition property notice is filed with respect from which the intangible transition property notice is to an assignment of interest in intangible transition derived, is covered by the intangible transition property property under this chapter, and an assignment is there- notice. If the portion covered by an intangible transition after held for a reason or purpose to constitute the grant

PENNSYLVANIA BULLETIN, VOL. 27, NO. 18, MAY 3, 1997 2140 PROPOSED RULEMAKING of a security interest in intangible transition property, the (1) Unless a statute on disposition of public records intangible transition property notice will be deemed to provides otherwise, the filing officer may remove a lapsed constitute a filing with respect to a security interest notice from the files and destroy it immediately if he has under this chapter, from and as of the date and time of retained a microfilm or other photographic record or in the effective date of the original intangible transition other cases 1 year after the lapse. property notice, without the necessity of any amendment (2) The filing officer will so arrange matters by physi- of (or other action by the parties with respect to) the cal annexation of intangible transition property notices to originally filed intangible transition property notice. continuation notices or other related filings, or by other § 74.7. Intangible transition property notice filing; means, that if the filing officer physically removes the duration lapses; filing officer; fees. intangible transition property notices of a period more than 12 years past, those which have been continued by a (a) What constitutes a filing with an effective date. continuation notice shall be retained. Presentation for filing of an intangible transition property notice and tender of the filing or processing fee, and (3) The filing officer will place a filing in the Commis- acceptance of the intangible transition property notice by sion’s docketed qualified rate order which legitimized a the filing officer, will constitute a filing with an effective subsequent intangible transition property notice as well date under the act and this chapter. Nothing in the act or as in the general docket number established by the this chapter will preclude the filing officer from rejecting Commission and set aside for an intangible transition or otherwise returning an unreasonable and insufficient property notice. filing to a person or party. (f) Establishment and duties of filing officer. (b) Purposes of filing. An intangible transition property (1) The Commission will establish and appoint a filing notice may be filed to perfect the security interest of a officer who will be responsible for maintaining the records financing party in intangible transition property. An and taking the other actions described or otherwise intangible transition property notice shall also be filed in necessary. The filing officer will place copies of filings respect of each transfer to an assignee of an interest in submitted under this chapter in the appropriate dockets intangible transition property. for future reference and otherwise manage all filings. (c) Duration of effectiveness of filing in general. A filed (2) The filing officer will also mark each intangible intangible transition property notice filed to perfect the transition property notice and each subsequent filing in a security interest of a financing party will be effective for general docket number with a consecutive file number 12 years from the effective date. The effectiveness of a and with the date and time of filing and will hold the filed intangible transition property notice filed to perfect intangible transition property notice and each subsequent the security interest of a financing party lapses on the filing or a microfilm or other photographic or electronic expiration of the 12-year period unless a continuation copy thereof for public inspection. Consecutive file num- notice is filed prior to the lapse. If a security interest bers for intangible transition property notices and subse- perfected or continued by filing exists at the time insol- quent filings for notices filed in each calendar year will vency proceedings are commenced by or against the begin with the number one preceded by the last two grantor, the security interest will remain so perfected digits of the calendar year in which the filing occurs. In until the later of the expiration of the applicable 12-year addition, the filing officer will index the intangible transi- period or a period ending 60-days following the termination property notices according to the name of the grantor tion of the insolvency proceedings. or assignor and will note in the index the file number and (d) Lapse. Upon lapse, the security interest becomes address of a party. unperfected. If the security interest becomes unperfected (g) Fees. The Commission will prescribe one uniform upon lapse, it is deemed to have been unperfected as filing fee for filing, indexing and furnishing filing data for against a person who became a purchase or lien creditor an original or a continuation notice based upon the total before the lapse. A filed intangible transition property direct and indirect administrative cost of providing for notice filed and perfected to record the transfer to an filings. assignee of intangible transition property is continuously effective. (h) Legible papers. The duties of the filing officer prescribed in this chapter will relate only to clearly (e) Continuation notice. A continuation notice shall be legible papers filed with the filing officer or submitted to filed by a financing party no earlier than 6 months prior the filing officer for filing. A filing officer will promptly to the expiration of the 12-year period specified in return to the person a filing that is not clearly legible. No subsection (c). A continuation notice shall be signed by intangible transition property notice nor another related the financing party, identify the original notice by file filing will be accepted unless it is typed or printed in number and state that the original intangible transition black ink and, in the determination of the filing officer, property notice is still effective. A continuation notice interpreted or reproduced using the technology employed signed by a person other than the financing party or by the Commission. transferee of record shall be accompanied by a separate § 74.8. Termination notice; filing officer; fees. written statement of assignment signed by the financing party or transferee of record and comply with this (a) General. Whenever there is no outstanding secured chapter, including payment of the required fees. Upon obligation and no commitment to make advances, incur timely filing of the continuation notice, the effectiveness obligations or otherwise give value, the financing party of the original notice is continued for 12 years after the shall on written demand by the grantor send the grantor last date to which the filing was effective whereupon it a termination notice to the effect that it no longer claims lapses in the same manner as provided in subsection (d) a security interest under the applicable intangible transi- unless another continuation notice is filed prior to a tion property notice, which shall be identified by its file lapse. Succeeding continuation notices may be filed in the number. A termination notice signed by a person other same manner to continue the effectiveness of the original than the financing party of record shall be accompanied notice. by a separate written notice of assignment signed by the

PENNSYLVANIA BULLETIN, VOL. 27, NO. 18, MAY 3, 1997 PROPOSED RULEMAKING 2141 financing party of record and complying with this chapter, notice with the date and hour of the filing. The filing including payment of the required fee. If the affected officer will note the assignment on the indices of the financing party fails to file a termination notice as intangible transition property notice or enter the assign- required by this subsection, or to send a termination ment information into the computerized system for intan- notice within 10 days after proper demand therefor, the gible transition property notices. financing party shall be liable for a loss caused to the (d) Fees. The Commission will prescribe the uniform grantor by reason of the failure. fee for filing, indexing and furnishing filing data about a (b) Duties of filing officer. On presentation to the filing separate notice of assignment, plus, for each additional officer of a termination notice, the filing officer shall note person, firm or organization, beyond the first, named as a the filing on the termination notice. If the filing officer grantor or assignor in the notice, an additional fee. The has received the termination notice in duplicate, the filing fee is the fee for filing Form B and UCC-3 in § 1.43. officer will return one copy of the termination notice to (e) Status of transferee. After the disclosure or filing of the financing party stamped to show the date of receipt an assignment under this section, the transferee is the thereof. If the filing officer has a microfilm or other financing party or assignee of record. photographic record of the intangible transition property notice and of a related continuation notice, notice of § 74.10. Release or retransfer; filing officer; fees. assignment and notice of release, the filing officer may (a) Release of intangible transition property interest.A remove the originals from the file at a time after receipt financing party or assignee of record may by its signed of the termination notice, or if the filing officer has no notice release or retransfer all or a part of an intangible record, the filing officer may remove the originals from transition property described in a filed intangible transi- the files 1 year after receipt of the termination notice. tion property notice. The notice of a release or retransfer (c) Fees for filing. The Commission will prescribe the is sufficient if it contains a description of the intangible uniform fee for filing and indexing the termination notice. transition property being released or retransferred (in- A duplicate of the termination notice will be returned to cluding the information described in § 74.6(a) (relating to the financing party. There will be a fee for each name intangible transition property notice requirements; (more than one) against which the termination notice is amendments; forms; error; recharacterization)), the name required to be indexed. The fee is the fee for filing Form and address of the grantor or assignor, the name and B and UCC-3 in § 1.43 (relating to schedule of fees address of the financing party or assignee, the docket payable to the Commission). number for the qualified rate order from which an intangible transition property is derived, the file number § 74.9. Assignment of security interest; filing of- of the intangible transition property notice and the ficer; fees. general docket number. A notice of release or retransfer (a) Assignment disclosed in intangible transition prop- signed by a person other than the financing party or erty notice. An intangible transition property notice may assignee of record shall be accompanied by a separate disclose an assignment of a security interest of a financ- written statement of assignment signed by the financing ing party or the interest of an assignee in the intangible party or assignee of record and comply with § 74.6(a), transition property described in the intangible transition including payment of the required fee. Upon presentation property notice by indication in the notice of the name of a notice of release or retransfer to the filing officer, the and address of the transferee or by an assignment itself filing officer will mark the notice with the date of filing or a copy thereof on the face or back of the notice. Either and will note the same upon the margins of the indices of the original financing party or assignee or the transferee the filing of the intangible transition property notice. may sign this statement as the financing party or as- (b) Fees. The Commission will prescribe the uniform fee signee. On presentation to the filing officer of an intan- for filing and noting a notice of release or retransfer plus, gible transition property notice, the filing officer will for each additional person, firm or organization, beyond mark it as provided for in this chapter. the first, named as a grantor or assignor in the notice, an (b) Fees. The Commission will prescribe the uniform fee additional fee. The fee is the fee for filing Form B and for filing, indexing and furnishing filing data for an UCC-3 in § 1.43 (relating to schedule of fees payable to intangible transition property notice plus an additional the Commission). fee for each name against which the intangible transition § 74.11. Information requests; filing officer; fees. property notice is required to be indexed. The fee is the fee for filing Form B and UCC-3 in § 1.43 (relating to (a) Marking copy of intangible transition property no- schedule of fees payable to the Commission). tice filed. If the filing party submitting an intangible transition property notice, continuation notice, termina- (c) Separate notice of assignment. A financing party or tion notice, notice of assignment, notice of release or assignee of record may assign all or a part of its rights notice of retransfer, furnishes the filing officer with a under an intangible transition property notice by the copy, the filing officer will upon request note upon the filing of a separate written notice of assignment signed by copy the file number and date of the filing of the original the financing party or assignee of record and setting forth and deliver or send the copy to the filing party. the name of the financing party or assignee of record, the (b) Fees. The fee for information requests is the fee in grantor or assignor, the file number and the date of filing § 1.43 (relating to schedule of fees payable to the Com- of the intangible transition property notice and the name mission) for public information requests. and address of the transferee and a description of the intangible transition property assigned, including the (c) Furnishing certificates and copies. Upon request of a information described in § 74.6(a) (relating to intangible person, the filing officer will issue a certificate showing transition property notice requirements; amendment; whether there is on file on the date and hour stated forms; error; recharacterization). A copy of the assignment therein, a presently effective intangible transition prop- is sufficient as a separate notice if it complies with the erty notice naming a particular grantor or assignor and a preceding sentence. On presentation to the filing officer of notice of assignment and if there is, giving the date and a separate notice, the filing officer will mark a separate hour of filing of each notice and the names and addresses

PENNSYLVANIA BULLETIN, VOL. 27, NO. 18, MAY 3, 1997 2142 PROPOSED RULEMAKING of each financing party or assignee named therein. The in § 1.43(a) governing this chapter are based on the total certificates will also show whether there is on file on the direct and indirect administrative cost of providing the date and hour stated therein, a notice of Federal tax lien service, including staffing and infrastructure support, or other certificate or notice affecting intangible transi- necessary to effectuate the granting, perfection or enforce- tion property of the grantor or assignor, naming a party, ment of a security interest under the act and as required and if there is, giving the date and hour of filing of each by 66 Pa. Code § 317(a) (relating to fees for services notice or certificate. The Commission will prescribe the rendered by Commission). uniform fee for a certificate premised upon the total (b) The initial filing and perfection fee will be that in direct and indirect administrative costs of providing the § 1.43 for the filing of Form A and UCC-1. The fee for service. Upon request, the filing officer will furnish a copy changes and other action with respect to an intangible of a filed intangible transition property notice, notice of transition property notice in connection with an amend- Federal tax lien or notice or certificate affecting intan- ment, continuation, termination, assignment, release or gible transition property of a grantor or assignor, or a retransfer will be that in § 1.43 for the filing of Form B continuation notice, termination notice, notice of assign- and UCC-3. Forms will be available from the forms officer ment, notice of release or notice of retransfer respecting of the Commission. an intangible transition property notice, all for a uniform fee prescribed by the Commission. § 74.14. Forms officer. § 74.12. Record retention; admissibility; filing of- There will be a forms officer responsible for providing ficer. forms to the public. The forms will include, at a minimum, the following: In lieu of retaining the original of a filing, a filing officer may make microfilm, photographic, photostat, elec- (1) Form A for intangible transition property notice. tronic or other copies which accurately reproduce an (2) Form UCC-1. original and may thereafter dispose of the originals so (3) Form B for any amendment, assignment, continua- copied, and the copy will be admissible in evidence in a tion, release, retransfer or termination of interest in an proceeding with the same effect as though it were an intangible transition property notice. original. If a filing officer upon making a copy of a paper will have disposed of the original, then upon the filing of (4) Form UCC-3. a termination notice the filing officer will be relieved of (5) An established fee schedule. the duties imposed regarding the underlying intangible (6) Other forms as may be necessary to effectuate the transition property notice, and instead will note the granting, perfection or enforcement of a security interest termination notice on the index and will send to the under the act and this chapter. financing party an acknowledgement of the filing of the [Pa.B. Doc. No. 97-680. Filed for public inspection May 2, 1997, 9:00 a.m.] termination notice. § 74.13. Fees; notice changes. (a) The fees are those in § 1.43(a) (relating to schedule of fees payable to the Commission) for services. The fees

PENNSYLVANIA BULLETIN, VOL. 27, NO. 18, MAY 3, 1997 2143 STATEMENTS OF POLICY Title 4—ADMINISTRATION [4 PA. CODE CH. 9] Reorganization of the Department of Public Wel- PART II. EXECUTIVE BOARD fare [4 PA. CODE CH. 9] The Executive Board approved a reorganization of the Reorganization of the Department of General Ser- Department of Public Welfare effective March 18, 1997. vices The following organization chart at 27 Pa.B. 2145 (May The Executive Board approved a reorganization of the 3, 1997) is published at the request of the Joint Commit- Department of General Services effective March 18, 1997. tee on Documents under 1 Pa. Code § 3.1(a)(9) (relating to contents of Code). The following organization chart at 27 Pa.B. 2144 (May 3, 1997) is published at the request of the Joint Commit- (Editor’s Note: The Joint Committee on Documents has tee on Documents under 1 Pa. Code § 3.1(a)(9) (relating found organization charts to be general and permanent in to contents of Code). nature. This document meets the criteria of 45 Pa.C.S. § 702(7) as a document general and permanent in nature (Editor’s Note: The Joint Committee on Documents has which shall be codified in the Pennsylvania Code.) found organization charts to be general and permanent in nature. This document meets the criteria of 45 Pa.C.S. [Pa.B. Doc. No. 97-682. Filed for public inspection May 2, 1997, 9:00 a.m.] § 702(7) as a document general and permanent in nature which shall be codified in the Pennsylvania Code.) [Pa.B. Doc. No. 97-681. Filed for public inspection May 2, 1997, 9:00 a.m.]

PENNSYLVANIA BULLETIN, VOL. 27, NO. 18, MAY 3, 1997 2144 STATEMENTS OF POLICY

PENNSYLVANIA BULLETIN, VOL. 27, NO. 18, MAY 3, 1997 STATEMENTS OF POLICY 2145

PENNSYLVANIA BULLETIN, VOL. 27, NO. 18, MAY 3, 1997 2146 NOTICES DEPARTMENT OF BANKING Action on Applications The Department of Banking of the Commonwealth of Pennsylvania, under the authority contained in the act of November 30, 1965 (P. L. 847, No. 356), known as the Banking Code of 1965; the act of December 14, 1967 (P. L. 746, No. 345), known as the Savings Association Code of 1967; the act of May 15, 1933 (P. L. 565, No. 111), known as the Department of Banking Code; and the act of December 19, 1990 (P. L. 834, No. 198), known as the Credit Union Code, has taken the following action on applications received for the week ending April 22, 1997. BANKING INSTITUTIONS Conversions Date Name of Institution Location Action 4-21-97 Patriot Bank Pottstown Approved Pottstown Montgomery County To: Patriot Savings Bank Pottstown Montgomery County Represents conversion from a Federally-chartered savings bank to a State-chartered savings bank. Consolidations, Mergers and Absorptions Date Name of Bank Location Action 4-17-97 Johnstown Bank and Trust Company Johnstown Filed Johnstown Cambria County Purchase of assets/assumption of liabilities of three offices of National City Bank of Pennsylvania, Pittsburgh, located at: 210 East Main Street 229 Main Street Everett Meyersdale Bedford County Somerset County 102 North Grant Street Salisbury Somerset County 4-21-97 Patriot Interim Bank, Pottstown, and Pottstown Approved Patriot Savings Bank, Pottstown Surviving Institution— Patriot Interim Bank, Pottstown, with a change in corporate title to “Patriot Bank” Branch Applications Date Name of Bank Location Action 4-14-97 Beneficial Mutual Savings Bank Clemens Food Market Opened Philadelphia Ridge and Butler Pikes Philadelphia County Conshohocken Montgomery County 4-16-97 Jersey Shore State Bank Route 64 Filed Jersey Shore Zion Lycoming County Walker Township Centre County

PENNSYLVANIA BULLETIN, VOL. 27, NO. 18, MAY 3, 1997 NOTICES 2147

Date Name of Bank Location Action 4-21-97 The Glen Rock State Bank RD #10, Route 616 and Noss Road Filed Glen Rock North Codorus Twp. York County York County

Branch Consolidations Date Name of Bank Location Action 4-18-97 Financial Trust Company To: 216 S. Carlisle St. Filed Carlisle New Bloomfield Cumberland County Perry County From: 7 Center Square New Bloomfield Perry County 4-21-97 Summit Bank To: 29 East Third St. Filed Bethlehem Bethlehem Northampton County Northampton County From: Lehigh University University Center Bethlehem Northampton County

ARTICLES OF AMENDMENT Date Name of Bank Purpose Action 4-22-97 Sentry Trust Company To amend Article Eighth of the Approved (In Organization) Articles of Incorporation to provide for and Chambersburg a change in the initial directors. Effective Franklin County

SAVINGS ASSOCIATIONS No activity.

CREDIT UNIONS

Conversions Date Name of Credit Union Location Action 4-14-97 Acco-York Federal Credit Union York Filed York York County To: Acco and Associates Credit Union York York County Application represents conversion from a Federally-chartered credit union to a State-chartered credit union. Consolidations, Mergers and Absorptions Date Name of Credit Union Location Action 4-18-97 Calkins Newspapers Federal Credit Levittown Approved Union, Levittown, and UNI and Employees Credit Union, Uniontown Effective Surviving Institution—Calkins Newspapers Federal Credit Union, Levittown RICHARD C. RISHEL, Secretary [Pa.B. Doc. No. 97-683. Filed for public inspection May 2, 1997, 9:00 a.m.]

PENNSYLVANIA BULLETIN, VOL. 27, NO. 18, MAY 3, 1997 2148 NOTICES DEPARTMENT OF Northeast Bradford, Carbon, Lackawanna (excluding Scranton), COMMUNITY AND Lehigh (excluding Allentown), Monroe, Northampton, Pike, Schuylkill, Sullivan, Susquehanna, Tioga, Wayne ECONOMIC DEVELOPMENT and Wyoming counties Pa. Department of Community and Economic Develop- ment, Suite 201 Samters Building, 101 Penn Avenue, DEPARTMENT OF Scranton, PA 18503-2025, (717) 963-4571 PUBLIC WELFARE Central Bedford, Blair (excluding Altoona), Cambria (Johns- Application for the HUD ‘‘Balance of State’’ Home- town), Centre, Clinton, Columbia, Fulton, Huntingdon, less Funds Juniata, Lycoming, Mifflin, Montour, Northumberland, Snyder, Somerset and Union counties In 1987 Congress passed the Stewart B. McKinney Harrisburg Homeless Assistance Act to provide funds to states, local Adams, Cumberland, Dauphin (excluding Harrisburg), governments and nonprofit organizations to address the Franklin, Lebanon, Perry counties housing and service needs of homeless families and Pa. Department of Community and Economic Develop- individuals. The program is administered by the U. S. ment, 576 Forum Building, Harrisburg, PA 17120, (717) Department of Housing and Urban Development (HUD). 787-7347 Several years ago, HUD began requiring applicants to undertake a comprehensive planning process to identify Southwest homeless needs and resources along a Continuum of Care. Armstrong, Butler, Fayette, Greene, Indiana counties A Continuum of Care includes the following components: Pa. Department of Community and Economic Develop- ment, 413 State Office Building, 300 Liberty Avenue, Outreach/Intake/Assessment Pittsburgh, PA 15222, (412) 565-5002 Emergency Shelter Transitional Housing Northwest Permanent Housing Cameron, Clarion, Clearfield, Crawford, Elk, Erie (ex- (Supportive Services may be needed throughout this cluding Erie), Forest, Jefferson, Lawrence, McKean, Mer- continuum) cer, Potter, Venango and Warren counties Due to the size and geographic diversity of Pennsylva- Pa. Department of Community and Economic Develop- nia, the Department of Community and Economic ment, Third Floor—Rothrock Building, 121 West 10th Development/Department of Public Welfare (DCED/DPW) Street, Erie, PA 16501, (814) 871-4241 are overseeing the preparation of regional Continuums of Main Office Care which will include identifying needs, resources and gaps as well as the solicitation and prioritization of 358 Forum Building, Harrisburg, PA 17120, (717) 787- eligible projects which fill the gaps identified. 5327 ROBERT G. BENKO, DCED/DPW plans to submit an application for the Acting Secretary ‘‘Balance of State’’ to the Federal Department of Housing Department of Community and and Urban Development on July 8, 1997, for the Fiscal Economic Development Year 1997 Notice of Funding Availability for Continuum FEATHER O. HOUSTOUN, of Care Homeless Assistance; Supportive Housing Pro- Secretary gram; Shelter Plus Care; Section 8 Moderate Rehabilita- Department of Public Welfare tion Single Room Occupancy Program for Homeless Indi- [Pa.B. Doc. No. 97-684. Filed for public inspection May 2, 1997, 9:00 a.m.] vidual. (Published in the Federal Register on April 8, 1997). In Pennsylvania, 24 cities and counties apply and receive McKinney funds directly from HUD for homeless projects. The remainder of the state is included in the DEPARTMENT OF ‘‘Balance of State.’’ Applications for projects serving the Balance of State jurisdictions should participate in this CONSERVATION AND process to enhance their chances of being approved by HUD for funding. Following is a list of the counties, by NATURAL RESOURCES DCED Region, which are included in the Balance of State (There are no counties in the Southwest Region included Conservation and Natural Resources Advisory in this process). For further information on the Balance of Council; Meeting Notice State process or McKinney Program in Pennsylvania, contact Larry Segal, Director of the DCED Office of A meeting of the Conservation and Natural Resources Community Development and Housing at (717) 787-5327. Advisory Council to the Department of Conservation and Persons with a disability who require copies of this notice Natural Resources will be held on Monday, May 12, 1997. in an alternate format (large type, braille, and the like) The meeting will be held at 10 a.m. in Room 105, Lobby should also contact Larry Segal to discuss how the Level, Rachel Carson State Office Building, 400 Market Department may best accommodate their needs. Street, Harrisburg, PA.

PENNSYLVANIA BULLETIN, VOL. 27, NO. 18, MAY 3, 1997 NOTICES 2149

Questions concerning this meeting or agenda items can maintenance of trails across snow); restoration of areas be directed to Kurt Leitholf at (717) 705-0031. damaged by usage; development of trail-side and trail- Persons in need of accommodations as provided for in head facilities; improving access and use of trails by the Americans With Disabilities Act of 1990 should persons with disabilities; and acquisition and construction contact Glenda Miller directly at (717) 772-9087 or of new trails. through the Pennsylvania AT&T Relay Service at (800) Those eligible for trail funding from this program are 654-5984 (TDD) to discuss how the Department may local governments, State and Federal agencies, organiza- accommodate their needs. tions and individuals. Eligible grant amounts will range MAURICE FORRESTER, in size from a minimum of $2,500 to a maximum of Chairperson $20,000 and will be administered using a 50/50 funding ratio. For example, in order to qualify for a $20,000 grant, [Pa.B. Doc. No. 97-685. Filed for public inspection May 2, 1997, 9:00 a.m.] the total project cost must be at least $40,000, with the applicant responsible for 50% or $20,000 of the project cost. The deadline for application is July 15, 1997. Anyone interested in applying for trail funding should contact Funding Available for Recreational Trail Grants DCNR at the address below to obtain an application manual. The Department of Conservation and Natural Re- sources (DCNR) has begun to accept applications for the Department of Conservation and Natural Resources next grant round for the Pennsylvania Recreational Trails Bureau of Recreation & Conservation Program. Funding for the program is available through Pennsylvania Recreational Trails Program the Symms National Recreational Trails Fund, created PO Box 8475 under the Federal Intermodal Surface Transportation Harrisburg, PA 17105-8475 Efficiency Act (ISTEA) of 1991, as amended. (717) 787-2316 The Federal Highway Administration has allocated the FAX: (717) 772-3325 Commonwealth $393,654 for this round of funding. At e-mail: [email protected] least 30% of the funding will be utilized for motorized Persons with a disability who wish to submit a Penn- recreational trail uses and 30% for nonmotorized recre- sylvania Recreational Trails Program grant application ational trail uses. The remaining 40% will be used for and require special assistance should contact Vanyla both motorized and nonmotorized uses, but preference Tierney at (717) 787-2316 to discuss how the Department will be given to projects with the greatest number of may best assist their needs. TTY or TDD users call (800) compatible recreational trail uses and/or that provide for 654-5984. innovative recreational trail corridor sharing to accommodate motorized and nonmotorized recreational trails. JOHN C. OLIVER, III, Secretary Applicants may submit projects for the redesign, recon- [Pa.B. Doc. No. 97-686. Filed for public inspection May 2, 1997, 9:00 a.m.] struction, nonroutine maintenance or relocation of trails in order to mitigate and minimize the impact to the natural environment; development of urban trail link- ages; trail maintenance (including the grooming and DEPARTMENT OF ENVIRONMENTAL PROTECTION Applications, Actions and Special Notices

APPLICATIONS APPLICATIONS RECEIVED UNDER THE PENNSYLVANIA CLEAN STREAMS LAW AND THE FEDERAL CLEAN WATER ACT [National Pollution Discharge Elimination System Program (NPDES)] DISCHARGE OF CONTROLLED INDUSTRIAL WASTE AND SEWERAGE WASTEWATER (Part I Permits) The following parties have applied for an NPDES permit to discharge controlled wastewaters into the surface waters of this Commonwealth. Unless otherwise indicated on the basis of preliminary review and application of lawful standard and regulations the Department of Environmental Protection proposes to issue a permit to discharge, subject to certain effluent limitations and special conditions. These proposed determinations are tentative. Where indicated, the EPA, Region III, Regional Administrator has waived the right to review or object to this proposed permit action under the waiver provision 40 CFR 123.6E. Persons wishing to comment on the proposed permit are invited to submit a statement to the office noted above the application within 30 days from the date of this public notice. Comments received within this 30-day comment period will be considered in the formulation of the final determinations regarding this application. Responses should include the name, address and telephone number of the writer and a concise statement to inform the Department of the exact basis of a comment and the relevant facts upon which it is based. A public hearing may be held if the responsible office considers the public response significant.

PENNSYLVANIA BULLETIN, VOL. 27, NO. 18, MAY 3, 1997 2150 NOTICES

Following the 30-day comment period, the Water Management Program Manager will make a final determination regarding the proposed permit. Notice of this determination will be published in the Pennsylvania Bulletin at which time this determination may be appealed to the Environmental Hearing Board. The application and related documents, proposed effluent limitations and special conditions, comments received and other information are on file and may be inspected and arrangements made for copying at the office indicated above the application. Persons with a disability who wish to attend the hearing and require an auxiliary aid, service or other accommodations to participate in the proceedings, should contact the Secretary to the Board at (717) 787-3483. TDD users may contact the Department through the Pennsylvania AT&T Relay service at (800) 654-5984. Applications for National Pollutant Discharge Elimination System (NPDES) permit to discharge to State waters.

Southeast Regional Office: Regional Manager, Water Management, Lee Park, Suite 6010, 555 North Lane, Conshohocken, PA 19428, telephone, (610) 832-6130. PA 0054909. Industrial waste, North Penn/North Wales Water Authority, Forest Park Water, P. O. Box 317, Chalfont, PA 18914-0317. This application is for renewal of an NPDES permit to discharge diverted Delaware River waters in Plumstead Township, Bucks County. This is an existing discharge to North Branch of Neshaminy Creek. The receiving stream is classified for warm water fish, migratory fish, potable water supply, industrial water supply, livestock water supply, wildlife water supply, irrigation, boating, fishing, water contact sports and esthetics. The proposed effluent limits for Outfall 001, based on an average flow of 49.8 mgd are as follows: Average Maximum Parameter Monthly (mg/l) Daily (mg/l) pH within limits of 6.0—9.0 standard units at all times Aluminum, Total monitor only monitor only Cadmium monitor only monitor only Dissolved Iron monitor only monitor only Iron, Total monitor only monitor only Mercury monitor only monitor only Nickel, Total monitor only monitor only Phenolics, Total monitor only monitor only Zinc, Total monitor only monitor only Other Conditions: a. Dissolved Oxygen Requirements b. Discharge Monitoring Report c. Prior Approval of Chemical Additives d. Biological Assessment e. Contingency Monitoring The EPA waiver is not in effect.

PA 0022420. Industrial waste, North Division—Naval Facilities Engineering Command, Warminster CSO, P. O. Box 2609, Warminster, PA 18974-2061. This application is for renewal of an NPDES permit to discharge treated sewage from the Naval Air Warfare Center in Warminster Township, Bucks County. This is an existing discharge to an unnamed tributary of Little Neshaminy Creek. The receiving stream is classified for the following uses: cold water fishery, aquatic life water supply and recreation. The proposed effluent limits for Outfall 001, based on an average flow of 0.15 mgd are as follows: Average Instantaneous Parameter Monthly (mg/l) Maximum (mg/l)

CBOD5 (5-1 to 10-31) 14.4 28.8 (11-1 to 4-30) 25 50 Suspended Solids 30 60 Ammonia (as N) (5-1 to 10-31) 2.1 4.2 (11-1 to 4-30) 6.3 12.6 Nitrite and Nitrate (as N) (7-1 to 10-31) 8.9 17.8 Phosphorus (as P) 2 5 Fecal Coliform 200 colonies/100 ml as a geometric average Dissolved Oxygen minimum of 5.0 mg/l at all times

PENNSYLVANIA BULLETIN, VOL. 27, NO. 18, MAY 3, 1997 NOTICES 2151

Average Instantaneous Parameter Monthly (mg/l) Maximum (mg/l) pH within limits of 6.0—9.0 standard units at all times Total Residual Chlorine 1.0 (interim) 2.0 (interim) Total Residual Chlorine 0.02 (final) 0.07 (final) The EPA waiver is in effect.

PA 0042943. Sewage, Owen J. Roberts School District, 901 Ridge Road, Pottstown, PA 19465. This application is for renewal of an NPDES permit to discharge treated sewage from East Coventry Elementary School in East Coventry Township, Chester County. This is an existing discharge to an unnamed tributary to the Schuylkill River. The receiving stream is classified for warm water fishery, aquatic life, water supply and recreation. The proposed effluent limits for Outfall 001, based on an average flow of 8,200 gpd are as follows: Average Instantaneous Parameter Monthly (mg/l) Maximum (mg/l)

CBOD5 (5-1 to 10-31) 15 30 (11-1 to 4-30) 25 50 Suspended Solids 30 60 Ammonia (as N) (5-1 to 10-31) 5.0 10.0 (11-1 to 4-30) 15.0 30.0 Total Residual Chlorine 1.0 2.0 Fecal Coliform 200 colonies/100 ml as a geometric average Dissolved Oxygen minimum of 5.0 mg/l at all times pH within limits of 6.0—9.0 standard units at all times The EPA waiver is in effect.

PA 0056774. Industrial waste, City of Philadelphia, Department of Commerce, Division of Aviation, Northeast Philadelphia Airport, Terminal E, Philadelphia International Airport, Philadelphia, PA 19153. This application is for issuance of an NPDES permit to discharge stormwater from an airport in City of Philadelphia, Philadelphia County. This is an existing discharge to 001: Walton Run, 002 and 003: Wooden Bridge Run. The proposed effluent limits for Outfalls 001, 002 and 003, are as follows: Average Maximum Instantaneous Parameter Monthly (mg/l) Daily (mg/l) Maximum (mg/l)

CBOD5 report Suspended Solids report Oil and Grease report pH within limits of 6.0—9.0 standard units at all times COD report Iron, Dissolved report Acetic Acid report Acetaldehyde report Urea report Potassium Acetate report Ethylene Glycol report Diethylene Glycol report Propylene Glycol report Other Conditions: Stormwater Management Plan The EPA waiver is in effect.

PA 0026859. City of Coatesville Authority, 114 East Lincoln Highway, Coatesville, PA 19320. This application is for an amendment of an NPDES permit to discharge treated sewage from the City of Coatesville Authority STP located in South Coatesville Borough, Chester County. This is an existing discharge to West Branch Brandywine Creek. The receiving stream is classified for the following uses: warm water fishery, aquatic life, water supply and recreation. The proposed effluent limits for Outfall 001, based on an annual average flow of 3.85 mgd are as follows:

PENNSYLVANIA BULLETIN, VOL. 27, NO. 18, MAY 3, 1997 2152 NOTICES

Average Average Instantaneous Parameter Monthly (mg/l) Weekly (mg/l) Maximum (mg/l)

CBOD5 (5-1 to 10-31) 15 23 30 (11-1 to 4-30) 25 38 50 Suspended Solids 30 45 60 Ammonia (as N) (5-1 to 10-31) 2.0 4.0 (11-1 to 4-30) 6.0 12.0 Phosphorus (as P) (4-1 to 10-31) 2.0 4.0 Total Residual Chlorine* 0.7 2.3 Total Residual Chlorine** 0.2 0.7 Fecal Coliform 200 colonies/100 ml as a geometric average Dissolved Oxygen minimum of 5.0 mg/l at all times pH within limits of 6.0—9.0 standard units at all times *These limits are in effect from permit issuance through August 1, 1999. **These limits are in effect from August 2, 1999 through expiration.

PA 0056766. Industrial waste, City of Philadelphia Department of Commerce, Division of Aviation, Philadelphia International Airport, Terminal E, Philadelphia, PA 19153. This application is for issuance of an NPDES permit to discharge stormwater from an airport in Tinicum Township, Delaware and Philadelphia Counties. This is an existing discharge to 001: Mingo Creek to Delaware River; 007: Darby Creek; 003, 004, 005: Delaware River. The receiving stream is classified for the following uses: warm water fishery, high quality trout stocking fishery, high quality warm water fishery, aquatic life, water supply and recreation. The proposed effluent limits for Outfalls 001, 003, 004 and 005 are as follows: Average Maximum Instantaneous Parameter Monthly (mg/l) Daily (mg/l) Maximum (mg/l)

CBOD5 monitor/report Suspended Solids monitor/report Oil and Grease monitor/report pH within limits of 6.0—9.0 standard units at all times COD monitor/report Total Kjeldahl Nitrogen monitor/report Nitrate Plus Nitrite monitor/report Ammonia Nitrogen monitor/report Phosphorus, Total monitor/report Potassium monitor/report Iron, Dissolved monitor/report Acetic Acid monitor/report Acetaldehyde monitor/report Urea monitor/report Potassium Acetate monitor/report Ethylene Glycol monitor/report Diethylene Glycol monitor/report Propylene Glycol monitor/report The proposed effluent limits for Monitoring Point 101 are as follows: Average Maximum Instantaneous Parameter Monthly (mg/l) Daily (mg/l) Maximum (mg/l) Oil and Grease 15 30 Benzene monitor/report Toluene monitor/report Xylene monitor/report Naphthalene monitor/report Other Requirements Development of a Stormwater Management Plan including a Long Term Control Plan.

PA 0052159. Industrial waste, Philadelphia Suburban Water Company, 762 West Lancaster Avenue, Bryn Mawr, PA 19010-3489. This application is for renewal of an NPDES permit to discharge treated process wastewater from a water filtration plant in Middletown Township, Delaware County. This is an existing discharge to Ridley Creek.

PENNSYLVANIA BULLETIN, VOL. 27, NO. 18, MAY 3, 1997 NOTICES 2153

The receiving stream is classified for the following uses: trout stocking fishery, aquatic life, water supply and recreation. The proposed effluent limits for Outfall 001, based on an average flow of 0.0836 mgd are as follows: Average Maximum Instantaneous Parameter Monthly (mg/l) Daily (mg/l) Maximum (mg/l) Suspended Solids 30 60 75 Dissolved Oxygen minimum of 5.0 mg/l at all times Total Residual Chlorine 0.5 1.0 pH within limits of 6.0—9.0 standard units at all times Total Aluminum 4.0 8.0 10.0 Total Iron 2.0 4.0 5.0 Total Manganese 1.0 2.0 2.5 Chloroform monitor/report Chlorodibromomethane monitor/report Dichlorobromomethane monitor/report The proposed effluent limits for Outfall 004, based on an intermittent discharge are as follows: Average Maximum Instantaneous Parameter Monthly (mg/l) Daily (mg/l) Maximum (mg/l) Total Residual Chlorine 0.5 1.0 pH within limits of 6.0—9.0 standard units at all times The EPA waiver is in effect.

PA 0042927. Sewage, Owen J. Roberts School District, 901 Ridge Road, Pottstown, PA 19465. This application is for renewal of an NPDES permit to discharge treated sewage from the Main Campus STP in South Coventry Township, Chester County. This is an existing discharge to an unnamed tributary to French Creek. The receiving stream is classified for high quality trout stocking fishery, aquatic life, water supply and recreation. The proposed effluent limits for Outfall 001, based on an average flow of .039 mgd are as follows: Average Instantaneous Parameter Monthly (mg/l) Maximum (mg/l)

CBOD5 25 50 Suspended Solids 30 60 Ammonia (as N) 20 40 Total Residual Chlorine 0.5 1.2 Fecal Coliform 200 colonies/100 ml as a geometric average pH within limits of 6.0—9.0 standard units at all times The EPA waiver is in effect.

PA 0026816. Sewage, East Norriton-Plymouth-Whitpain Joint Sewer Authority, 200 Ross Street, Norristown, PA 19401. This application is for an amendment of an NPDES permit to discharge treated sewage from the East Norriton- Plymouth-Whitpain Joint Sewer Authority sewage treatment plant in Plymouth Township, Montgomery County. This is an existing discharge to the Schuylkill River. The receiving stream is classified for the following uses: warm water fishery, aquatic life, water supply and recreation. The proposed amended final effluent limit for Copper, Outfall 001, based on an average flow of 8.1 mgd are as follows: Average Average Instantaneous Parameter Monthly (mg/l) Weekly (mg/l) Maximum (mg/l) Copper, Total .108 0.216 0.270 Other Conditions: Further TRE Permit requirements have been eliminated.

PA 0042935. Sewage, Owen J. Roberts School District, 901 Ridge Road, Pottstown, PA 19465. This application is for renewal of an NPDES permit to discharge treated sewage from the French Creek Elementary School in South Coventry Township, Chester County. This is an existing discharge to French Creek. The receiving stream is classified for high quality trout stocking fishery, aquatic life, water supply and recreation. The proposed effluent limits for Outfall 001, based on an average flow of .0054 mgd are as follows: Average Instantaneous Parameter Monthly (mg/l) Maximum (mg/l)

CBOD5 25 50 Suspended Solids 30 60

PENNSYLVANIA BULLETIN, VOL. 27, NO. 18, MAY 3, 1997 2154 NOTICES

Average Instantaneous Parameter Monthly (mg/l) Maximum (mg/l) Ammonia (as N) 20.0 40.0 Total Residual Chlorine .9 1.8 Fecal Coliform 200 colonies/100 ml as a geometric average pH within limits of 6.0—9.0 standard units at all times The EPA waiver is in effect.

PA 0054623. Sewage, Gary W. Volovnik, 1624 Three Mile Run Road, Perkasie, PA 18944. This application is for renewal of an NPDES permit to discharge treated sewage from single residence sewage treatment plant in East Rockhill Township, Bucks County. This is an existing discharge to Three Mill Run. The receiving stream is classified for the following uses: warm water fishery, trout stocking fishery, aquatic life, water supply and recreation. The proposed effluent limits for Outfall 001, based on an average flow of 500 gpd are as follows: Average Instantaneous Parameter Monthly (mg/l) Maximum (mg/l)

CBOD5 25 50 Suspended Solids 30 60 Total Residual Chlorine monitor/report monitor/report Fecal Coliform 200 colonies/100 ml as a geometric average Dissolved Oxygen minimum of mg/l at all times pH within limits of 6.0—9.0 standard units at all times The EPA waiver is in effect.

PA 0054534. Sewage, Macoby Run Golf Course, 5465 McLean Station Road, Green Lane, PA 18054. This application is for renewal of an NPDES permit to discharge treated sewage from a sewage treatment plant in Marlborough Township, Montgomery County. This is a new discharge to an unnamed tributary to Macoby Creek. The receiving stream is classified for the following uses: warm water fishery, trout stocking fishery, aquatic life, water supply and recreation. The proposed effluent limits for Outfall 001, based on an average flow of 4,000 gpd are as follows: Average Instantaneous Parameter Monthly (mg/l) Maximum (mg/l)

CBOD5 (5-1 to 10-31) 10 20 (11-1 to 4-30) 20 40 Suspended Solids 10 20 Ammonia (as N) (5-1 to 10-31) 3.0 6.0 (11-1 to 4-30) 9.0 18.0 Oil and Grease 15 30 Total Residual Chlorine (1st and 2nd year) monitor/report monitor/report (3rd, 4th and 5th year) 0.5 1.2 Fecal Coliform 200 colonies/100 ml as a geometric average Dissolved Oxygen minimum of 3.0 mg/l at all times pH within limits of 6.0—9.0 standard units at all times The EPA waiver is in effect.

PA 0052434. Sewage, Pantos Corporation, 202 Black Mat Road, Douglassville, PA 19518. This application is for renewal of an NPDES permit to discharge treated sewage from sewage treatment plant in Chester Heights Borough, Delaware County. This is an existing discharge to unnamed tributary to West Branch of Chester Creek. The receiving stream is classified for warm water fish, trout stocking, potable water supply, industrial water supply, livestock water supply, wildlife water supply, irrigation, boating, fishing, water contact sports and esthetics. The proposed effluent limits for Outfall 001, based on an average flow of 40,000 gpd are as follows: Average Instantaneous Parameter Monthly (mg/l) Maximum (mg/l)

CBOD5 (5-1 to 10-31) 10 20 (11-1 to 4-30) 20 40

PENNSYLVANIA BULLETIN, VOL. 27, NO. 18, MAY 3, 1997 NOTICES 2155

Average Instantaneous Parameter Monthly (mg/l) Maximum (mg/l) Suspended Solids 10 20 Ammonia (as N) (5-1 to 10-31) 1.7 3.4 (11-1 to 4-30) 5.1 3.4 Total Residual Chlorine 1st and 2nd year) 1.0 2.0 Total Residual Chlorine (3rd, 4th and 5th year) 0.04 0.1 Fecal Coliform 200 colonies/100 ml as a geometric average Dissolved Oxygen minimum of 6.0 mg/l at all times pH within limits of 6.0—9.0 standard units at all times The EPA waiver is in effect.

PA 0056804, Amendment No. 1. Industrial waste, Forest Park Water, 144 Park Avenue, P. O. Box 317, Chalfont, PA 18914-0317. This application is for amendment of an NPDES permit to discharge treated process wastewater from a water filtration plant which supplies potable water to residents, in Chalfont Borough, Bucks County. This is an existing discharge to Pine Run. The receiving stream is classified for trout stocking fishery, aquatic life, water supply and recreation. The proposed effluent limits for Outfall 001 and 002, based on an average flow of 2.0 mgd are as follows: Average Maximum Instantaneous Parameter Monthly (mg/l) Daily (mg/l) Maximum (mg/l) Suspended Solids 30 60 75 pH within limits of 6.0—9.0 standard units at all times Total Iron 2.0 4.0 5.0 Total Aluminum 2.0 4.0 5.0 Total Manganese 1.0 2.0 2.5 Total Residual Chlorine 0.25 0.6 Phosphorus as P (4-1 to 10-31) 2.0 4.0 5.0 Chloroform monitor/report monitor/report Dichlorobromomethane monitor/report monitor/report Chlorodibromomethane monitor/report monitor/report The EPA waiver is in effect.

Southcentral Regional Office: Regional Water Management Program Manager, One Ararat Boulevard, Harrisburg, PA 17110, telephone (717) 657-4590. PA 0087696. Sewage, SIC: 6515, Shadyback Acres Mobile Home Park, Box 278, King of Prussia, PA 19406. This application is for issuance of an NPDES permit for a new discharge of treated sewage to an unnamed tributary of Manada Creek, in East Hanover Township, Dauphin County. The receiving stream is classified for warm water fishery, recreation, water supply and aquatic life. For the purpose of evaluating effluent requirements for TDS, NO2-NO3, fluoride and phenolics, the existing downstream potable water supply intake considered during the evaluation was PA American Water Company located in South Hanover Township, Dauphin County. The discharge is not expected to impact any potable water supply. The proposed effluent limits for Outfall 001 for a design flow of 0.00275 mgd are: Average Instantaneous Parameter Monthly (mg/l) Maximum (mg/l)

CBOD5 25 50 Total Suspended Solids 30 60 NH3-N (5-1 to 10-31) 7.5 15.0 (11-1 to 4-30) monitor and report monitor and report Total Residual Chlorine 0.5 1.6 Dissolved Oxygen minimum of 5.0 at all times pH from 6.0—9.0 inclusive Fecal Coliforms (5-1 to 9-30) 200/100 ml as a geometric average (10-1 to 4-30) 14,000/100 ml as a geometric average The EPA waiver is in effect.

PENNSYLVANIA BULLETIN, VOL. 27, NO. 18, MAY 3, 1997 2156 NOTICES

PA 0010251. Industrial waste, SIC: 9711, Department of the Army, Headquarters Carlisle Barracks, Carlisle, PA 17013-5020. This application is for renewal of an NPDES permit for an existing discharge of treated industrial waste to an unnamed tributary to Letort Spring Run, in North Middleton Township, Cumberland County. The receiving stream is classified for cold water fishes, recreation, water supply and aquatic life. For the purpose of evaluating effluent requirements for TDS, NO2-NO3, fluoride and phenolics, the existing downstream potable water supply intake considered during the evaluation was PA American Water Company located in Silver Spring Township, Cumberland County. The discharge is not expected to impact any potable water supply. The proposed effluent limits for Outfall 001 for a design flow of .036 mgd are: Average Maximum Parameter Monthly (mg/l) Daily (mg/l) Flow (mgd) pH (s.u.) from 6.0—9.0 inclusive Total Suspended Solids monitor and report monitor and report Total Dissolved Solids 71,500 Osmotic Pressure (mos/kg) 2,000 The EPA waiver is in effect.

PA 0081825. Sewage, SIC: 4952, Nelson Mobile Home Park, 16 Betty Nelson Court, Carlisle, PA 17013. This application is for renewal of an NPDES permit for an existing discharge of treated sewage to Conodoguinet Creek, in Lower Frankford Township, Cumberland County. The receiving stream is classified for warm water fishes, recreation, water supply and aquatic life. For the purpose of evaluating effluent requirements for TDS, NO2-NO3, fluoride and phenolics, the existing downstream potable water supply intake considered during the evaluation was Carlisle Borough Authority located in North Middleton Township, Cumberland County. The discharge is not expected to impact any potable water supply. The proposed effluent limits for Outfall 001 for a design flow of 0.0231 mgd are: Average Average Maximum Instantaneous Parameter Monthly (mg/l) Weekly (mg/l) Daily (mg/l) Maximum (mg/l)

CBOD5 25 50 Total Suspended Solids 30 60 Total Phosphorus 2.0 4.0 Total Residual Chlorine 0.50 1.63 Dissolved Oxygen minimum of 5.0 at all times pH from 6.0—9.0 inclusive Fecal Coliforms (5-1 to 9-30) 200/100 ml as a geometric average (10-1 to 4-30) 100,000/100 ml as a geometric average The EPA waiver is in effect.

PA 0055328. Industrial waste, SIC: 4953, New Morgan Landfill Co., Inc., Mineview Drive East Extension, P. O. Box 128, Morgantown, PA 19543. This application is for renewal of an NPDES permit for an existing discharge of treated industrial waste to Conestoga River, in New Morgan Borough, Berks County. The receiving stream is classified for warm water fishery, recreation, water supply and aquatic life. For the purpose of evaluating effluent requirements for TDS, NO2-NO3, fluoride and phenolics, the existing downstream potable water supply intake considered during the evaluation was Lancaster City Water Authority located in Lancaster. The discharge is not expected to impact any potable water supply. The proposed effluent limits for Outfall 001 for a design flow of 0.05 mgd are: Instantaneous Average Maximum Instantaneous Parameter Minimum (mg/l) Monthly (mg/l) Daily (mg/l) Maximum (mg/l) Flow (mgd) 0.05 pH (s.u.) 6.0 9.0 D.O. 5.0 Total Residual Chlorine 0.05 1.64 Total Suspended Solids 100 200 250 CBOD5 65 130 162 NH3-N (5-1 to 10-31) 15 30 37 (11-1 to 4-30) 45 90 112

PENNSYLVANIA BULLETIN, VOL. 27, NO. 18, MAY 3, 1997 NOTICES 2157

Instantaneous Average Maximum Instantaneous Parameter Minimum (mg/l) Monthly (mg/l) Daily (mg/l) Maximum (mg/l) Fecal Coliforms (5-1 to 9-30) 200 (10-1 to 4-30) 2,000 Oil and Grease 15 30 5C TDS monitor and report monitor and report 1M Antimony 0.201 0.402 0.502 2M Arsenic 0.05 0.10 0.12 3M Beryllium 0.005 0.010 0.012 4M Cadmium 0.005 0.010 0.012 6M Copper 0.05 0.10 0.12 7M Lead 0.036 0.072 0.090 9M Nickel 0.2 0.4 0.5 10M Selenium 0.075 0.150 0.187 11M Silver 0.010 0.020 0.025 12M Thallium 0.04 0.08 0.10 13M Zinc 0.35 0.70 0.87 14M Free Cyanide 0.05 0.10 0.12 18M Boron 3.0 6.0 7.5 10A Phenol 0.05 0.10 0.12 3V Benzene 0.025 0.050 0.062 7V Chlorobenzene 0.010 0.020 0.025 11V Chloroform 0.010 0.020 0.025 21V Methyl Chloride 0.05 0.10 0.12 22V Methylene Chloride 0.5 1.0 1.2 25V Toluene 0.05 0.10 0.12 26V 1,2-Trans-Dichloroethylene 0.03 0.06 0.07 27V 1,1,1-Trichloroethane 0.05 0.10 0.12 15B Butylbenzyl Phthalate 0.01 0.02 0.03 24B Diethyl Phthalate 0.025 0.050 0.062 38B Isophorone 0.05 0.10 0.12 4P Gamma-BHC (Lindane) 0.0010 0.0020 0.0025 7P 4,4’-DDT 0.00002 0.00004 0.00005 131 Aluminum 0.275 0.550 0.687 134 Total Iron 3.5 7.0 8.7 136 Manganese 1.0 2.0 2.5 142 Barium 0.3 0.6 0.7 144 Cobalt 0.05 0.10 0.12 146 Vanadium 0.009 0.018 0.022 147 Acetone 0.109 0.218 0.272 150 2-Hexanone 0.015 0.030 0.037 156 Xylene (Mixed Isomers) 0.010 0.020 0.025 2-Butanone (Mek) 0.210 0.420 0.525 1,2,3-Trichloropropane 0.10 0.20 0.25 Tetrahydrofuran 0.025 0.050 0.062 P-Cresol 0.12 0.24 0.30 4-Methyl-2-Pentanone (Methyl Isobutyl Keytone) 0.015 0.030 0.037 Dibromomethane (Methylene Bromide) 0.010 0.020 0.025 The EPA waiver is in effect.

PA 0070351. Sewage, SIC: 4952, Amity Township Board of Supervisors, 120 Old Philadelphia Pike, Douglassville, PA 19518. This application is for renewal of an NPDES permit for an existing discharge of treated sewage to Schuylkill River, in Amity Township, Berks County. The receiving stream is classified for warm water fishes, recreation, water supply and aquatic life. For the purpose of evaluating effluent requirements for TDS, NO2-NO3, fluoride and phenolics the existing downstream potable water supply intake considered during the evaluation was Pottstown Borough located on the Schuylkill River. The discharge is not expected to impact any potable water supply. The proposed effluent limits for Outfall 001 for a design flow of 1.6 mgd are: Average Average Maximum Instantaneous Parameter Monthly (mg/l) Weekly (mg/l) Daily (mg/l) Maximum (mg/l)

CBOD5 25.0 40.0 50.0 Total Suspended Solids 30.0 45.0 60.0 NH3-N 20.0 40.0

PENNSYLVANIA BULLETIN, VOL. 27, NO. 18, MAY 3, 1997 2158 NOTICES

Average Average Maximum Instantaneous Parameter Monthly (mg/l) Weekly (mg/l) Daily (mg/l) Maximum (mg/l) Total Phosphorus 2.0 4.0 Total Residual Chlorine 1.0 2.0 Total Dissolved Solids 1,000.0 2,000.0 Dissolved Oxygen minimum of 5.0 at all times pH from 6.0—9.0 inclusive Fecal Coliforms 200/100 ml as a geometric average A complete organic and inorganic analysis will be done annually. The EPA waiver is not in effect.

Northwest Regional Office: Water Management Program Manager, 230 Chestnut Street, Meadville, PA 16335-3481, telephone (814) 332-6942. PA 0021792. Sewage, SIC:4952, Municipal Authority of the Borough of Edinboro, 124 Meadville Street, Edinboro, PA 16412. This application is for renewal of an NPDES permit to discharge treated sewage to Conneaut Creek in the Borough of Edinboro, Erie County. This is an existing discharge. The receiving water is classified for trout stock fishery, aquatic life, water supply and recreation. For the purpose of evaluating effluent requirements for TDS, NO2-NO3, fluoride and phenolics, the existing/proposed downstream potable water supply (PWS) considered during the evaluation is Franklin on French Creek, located at Franklin approximately 50 miles below the point of discharge. The proposed effluent limits, based on average design flow of 1.2 mgd, are: Outfall 001 Effluent Concentration (mg/l) Average Instantaneous Parameter Monthly Maximum

CBOD5 (5-1 to 10-31) 20 40 (11-1 to 4-30) 25 50 Total Suspended Solids 30 60 NH3-N (5-1 to 10-31) 2.0 4.0 (11-1 to 4-30) 6.0 12.0 Dissolved Oxygen minimum of 5.0 mg/l at all times Total Residual Chlorine Interim 0.86 1.3 Final 0.056 0.083 Copper Interim monitor and report Final 0.019 Barium Interim monitor and report Final 1.43 Fecal Coliform (5-1 to 9-30) 200/100 ml as a geometric average (10-1 to 4-30) 2,800/100 ml as a geometric average pH 6.0—9.0 standard units at all times Included in this draft are special conditions for biomonitoring, TRE for copper and barium, and TRE for TRC. The EPA waiver is not in effect.

PA 0028223. Sewage, Municipal Authority of the City of Corry, 100 South Center Street, Corry, PA 16407. This application is for renewal of an NPDES permit to discharge treated sanitary sewage to Hare Creek in the City of Corry, Erie County. This is an existing discharge. The receiving water is classified for warm water fishery, aquatic life, water supply and recreation. For the purpose of evaluating effluent requirements for TDS, NO2-NO3, fluoride and phenolics, the existing/proposed downstream potable water supply (PWS) considered during the evaluation is the City of Franklin, located on Allegheny River, approximately 75 miles below the point of discharge. The proposed effluent limits, based on average design flow of 4.0 mgd, are:

PENNSYLVANIA BULLETIN, VOL. 27, NO. 18, MAY 3, 1997 NOTICES 2159

Outfall 001 Effluent Concentrations (mg/l) Average Average Instantaneous Parameter Monthly Weekly Maximum

CBOD5 (5-1 to 10-31) 5 7.5 10 (11-1 to 4-30) 10 15 20 Total Suspended Solids 30 45 60 NH3-N (5-1 to 10-31) 1.2 2.4 (11-1 to 4-30) 3.5 7.0 Total Residual Chlorine Interim 0.7 2.2 Final 0.021 0.032 4A-4,6-Dinitro-O-Cresol Interim monitor and report Final 0.0149 0.022 0.03 IV Acrolein Interim monitor and report Final 0.0011 0.0016 0.002 2V Acrylonitrile Interim monitor and report Final 0.0001 0.00015 0.0002 Dissolved Oxygen minimum of 5.0 mg/l at all times Fecal Coliform (5-1 to 9-30) 200/100 ml as a geometric mean (10-1 to 4-30) 2,100/100 ml as a geometric mean pH 6.0—9.0 standard units at all times Included in this draft are special conditions for monitoring combined sewer overflows; WETT testing; TRE for 4,6-Dinitro-O-Cresol, Acrolein and Acrylonitrile; and TRE for TRC. The EPA waiver is not in effect.

PA 0222275. Sewage, Paul Diroll, Dear, Incorporated, 12430 East Lake Road, North East, PA 16428. This application is for issuance of a sewage NPDES permit to discharge treated sewage from Lakeview Estates to an unnamed tributary of Lake Erie in North East Township, Erie County. This is a new discharge. The receiving water is classified for cold water and migratory fishery, aquatic life, water supply and recreation. There is no potable water supply affected by this discharge. The proposed effluent limits, based on average design flow of 0.0052 mgd, are: Outfall 001 Effluent Concentration (mg/l) Average Instantaneous Parameter Monthly Maximum Flow monitor only CBOD5 25 50 Total Suspended Solids 30 60 Phosphorus as ‘‘P’’ 1.0 2.0 Dissolved Oxygen minimum of 3.0 mg/l at all times Fecal Coliforms (5-1 to 9-30) 200/100 ml as a geometric average (10-1 to 4-30) 2,000/100 ml as a geometric average pH 6.0—9.0 standard units at all times The EPA waiver is in effect.

PA 0002429. Industrial waste, SIC: 3312. Caparo Steel Company, Inc., 15 Roemer Boulevard, Farrell, PA 16121. This application is for renewal of an NPDES Permit to discharge treated industrial waste, noncontact cooling water and stormwater to Shenango River in the City of Farrell, Mercer County. This is an existing discharge. The receiving water is classified for the following uses: warm water fishes, aquatic life, water supply and recreation. For the purpose of evaluating effluent requirements for TDS, NO2-NO3, fluoride and phenolics, the existing/proposed downstream potable water supply considered during the evaluation is PA-American Water Co. on the Shenango River located at New Castle, approximately 16 miles below point of discharge. The proposed discharge limits, based on a design flow of .165 mgd, are:

PENNSYLVANIA BULLETIN, VOL. 27, NO. 18, MAY 3, 1997 2160 NOTICES

Outfall No. 203 Average Maximum Instantaneous Parameter Monthly (mg/l) Daily (mg/l) Maximum (mg/l) Flow monitor and report Total Suspended Solids monitor and report 38 Oil and Grease 15 monitor and report 30 Iron monitor and report pH 6.0—9.0 at all times The proposed discharge limits, based on a design flow of .165 mgd, are: Outfall No. 003 Average Maximum Instantaneous Parameter Monthly (mg/l) Daily (mg/l) Maximum (mg/l) Flow monitor and report Oil and Grease 15 monitor and report 30 Aluminum monitor and report Iron 1.7 3.4 4.3 Zinc .5 1.08 1.2 Temperature** pH 6.0—9.0 at all times **Refer to Special Conditions B and E in Part C. The proposed discharge limits, based on a design flow of .259 mgd, are: Outfall No. 104 (Formerly Perox 001) Average Maximum Instantaneous Parameter Monthly (mg/l) Daily (mg/l) Maximum (mg/l) Flow monitor and report Total Suspended Solids 65 130 165 Oil and Grease 15 30 Lead .6 1.2 1.5 Zinc monitor and report monitor and report .6 Copper .4 .8 1.0 Iron 1.5 3.0 3.75 pH 6.0—9.0 at all times The proposed discharge limits, based on a design flow of 5.04 mgd, are: Outfall No. 204 Average Maximum Instantaneous Parameter Monthly (mg/l) Daily (mg/l) Maximum (mg/l) Flow monitor and report Total Suspended Solids Oil and Grease monitor and report pH 6.0—9.0 at all times The proposed discharge limits, based on a design flow of .56 mgd, are: Outfall No. 404 Average Maximum Instantaneous Parameter Monthly (mg/l) Daily (mg/l) Maximum (mg/l) Flow monitor and report Total Suspended Solids monitor and report monitor and report 18 Lead monitor and report monitor and report .1 Zinc monitor and report monitor and report .16 Iron monitor and report pH 6.0—9.0 at all times The proposed discharge limits, based on a design flow of 1.3 mgd, are: Outfall No. 504 Average Maximum Instantaneous Parameter Monthly (mg/l) Daily (mg/l) Maximum (mg/l) Flow monitor and report Total Suspended Solids (Interim) Total Suspended Solids (Final)** monitor and report monitor and report 309 Oil and Grease (Interim) Oil and Grease (Final)** monitor and report 30 pH 6.0—9.0 at all times

PENNSYLVANIA BULLETIN, VOL. 27, NO. 18, MAY 3, 1997 NOTICES 2161

**-Refer to Special Condition C in Part C. The proposed discharge limits, based on a design flow of .072 mgd, are: Outfall No. 604 Average Maximum Instantaneous Parameter Monthly (mg/l) Daily (mg/l) Maximum (mg/l) Flow monitor and report Total Suspended Solids monitor and report monitor and report 71 Oil and Grease monitor and report monitor and report 27 Iron monitor and report Lead monitor and report monitor and report .25 Zinc monitor and report monitor and report .17 Napthalene monitor and report monitor and report Tetrachloroethylene monitor and report monitor and report Nickel monitor and report monitor and report .54 Chromium monitor and report monitor and report .7 pH 6.0—9.0 at all times The proposed discharge limits, based on a design flow of .158 mgd, are: Outfall No. 704 Average Maximum Instantaneous Parameter Monthly (mg/l) Daily (mg/l) Maximum (mg/l) Flow monitor and report Lead monitor and report monitor and report .36 Zinc monitor and report monitor and report .53 Total Suspended Solids monitor and report monitor and report 28 Oil and Grease monitor and report monitor and report 11.4 pH 6.0—9.0 at all times The proposed discharge limits, based on a design flow of 12.94 mgd, are: Outfall No. 004 Average Maximum Instantaneous Parameter Monthly (mg/l) Daily (mg/l) Maximum (mg/l) Flow monitor and report Oil and Grease 15 30 Iron (Interim) 4.0 Iron (Final)** 1.7 3.4 4.3 Aluminum (Interim) monitor and report Aluminum (Final)** .8 1.6 2.0 Cadmium (Interim) monitor and report Cadmium (Final)**** .0035 .1 .125 Silver (Interim) monitor and report Silver (Final)** .003 .009 .01 Copper (Interim) .04 .08 .1 Copper (Final)**** .017 .046 .057 Lead (Interim) .08 .16 .2 Lead (Final)** .009 .034 .04 Temperature (Interim)*** Temperature (Final)** Hexavalent Chromium .01 .02 .025 Zinc .15 .3 .375 pH 6.0—9.0 at all times **Refer to Special Condition C in Part C. ***Refer to Special Conditions B, C and E in Part C. ****Refer to Special Condition J in Part C. The proposed discharge limits, based on a design flow of .288 mgd, are: Outfall No. 205 Average Maximum Instantaneous Parameter Monthly (mg/l) Daily (mg/l) Maximum (mg/l) Flow monitor and report Total Suspended Solids monitor and report monitor and report monitor and report Oil and Grease monitor and report monitor and report monitor and report

PENNSYLVANIA BULLETIN, VOL. 27, NO. 18, MAY 3, 1997 2162 NOTICES

Average Maximum Instantaneous Parameter Monthly (mg/l) Daily (mg/l) Maximum (mg/l) Iron monitor and report Lead monitor and report monitor and report monitor and report Zinc monitor and report monitor and report monitor and report Hexavalent Chromium monitor and report monitor and report monitor and report pH 6.0—9.0 at all times The proposed discharge limits, based on a design flow of .576 mgd, are: Outfall No. 005 Average Maximum Instantaneous Parameter Monthly (mg/l) Daily (mg/l) Maximum (mg/l) Flow monitor and report Aluminum monitor and report Iron 1.7 3.4 4.25 Lead .17 .34 .43 Zinc .4 .8 1.0 Oil and Grease 15 30 Temperature** pH 6.0—9.0 at all times **Refer to Special Conditions B and E in Part C. The EPA waiver is not in effect.

Northcentral Region: Environmental Program Manager, Water Management Program, 208 West Third Street, Suite 101, Williamsport, PA 17701-6448, telephone (717) 327-3670. PA 0115100. Sewerage, SIC: 4952, George and Betty Dear, R. R. 2, Box 174, Tioga, PA 16946. This proposed action is for renewal of an NPDES permit for an existing discharge of treated sewage wastewater to Mutton Lane Creek in Lawrence Township, Tioga County. The receiving stream is classified for the following uses: warm water fishes, aquatic life, water supply and recreation. For the purposes of evaluating effluent requirements for TDS, NO2-NO3, fluoride and phenolics, the existing downstream potable water supply (PWS) considered during the evaluation is assumed to the New York-Pennsylvania border. Outfall 001 The proposed effluent limits, based on a design flow of 0.00665 mgd, are: Average Average Instantaneous Parameter Monthly (mg/l) Weekly (mg/l) Maximum (mg/l)

CBOD5 25 50 TSS 30 60 Total Cl2 Residual 2.0 4.7 Fecal Coliforms (5-1 to 9-30) 200 col/100 ml as a geometric mean (10-1 to 4-30) 2,000 col/100 ml as a geometric mean pH 6.0—9.0 at all times The EPA waiver is in effect.

PA 0111716. SIC: 4952, Clyde E. Yohey, 560 Montour Boulevard, Bloomsburg, PA 17815. This proposed action is for renewal of an NPDES permit for a discharge of treated sewage to the North Branch Susquehanna River in Main Township, Columbia County. The receiving stream is classified for the following uses: warm water fishery and aquatic life, water supply and recreation.

For the purpose of evaluating effluent requirements for TDS, NO2-NO3, fluoride and phenolics, the downstream potable water supply (PWS) considered during the evaluation is the Danville Borough located approximately 15 miles below the discharge. Outfall 001: The proposed effluent limits, based on a design flow of 0.035 mgd, are: Average Instantaneous Parameter Monthly (mg/l) Maximum (mg/l)

CBOD5 25 50 Suspended Solids 30 60 Total Chlorine Residual 1.0 2.3

PENNSYLVANIA BULLETIN, VOL. 27, NO. 18, MAY 3, 1997 NOTICES 2163

Average Instantaneous Parameter Monthly (mg/l) Maximum (mg/l) Fecal Coliform (5-1 to 9-30) 200/100 ml as a geometric average (10-1 to 4-30) 2,000/100 ml as a geometric average pH 6.0—9.0 s.u. at all times The EPA waiver is in effect.

PA 0115151. Sewerage, SIC: 4952, Borough of Montoursville, 12 North Washington Street, P. O. Box 266, Montoursville, PA 17754. This proposed action is for renewal of an NPDES permit for an existing discharge of treated sewage wastewater to Old Mill Creek in Montoursville Borough, Lycoming County. The receiving stream is classified for the following uses: trout stock fishery, aquatic life, water supply and recreation. For the purposes of evaluating effluent requirements for TDS, NO2-NO3, fluoride and phenolics, the existing downstream potable water supply (PWS) considered during the evaluation is PA American Water Company located at Milton. Outfall 001 The proposed effluent limits, based on a design flow of 0.027 mgd, are: Average Average Instantaneous Parameter Monthly (mg/l) Weekly (mg/l) Maximum (mg/l)

CBOD5 (5-1 to 10-31) 15 25 30 (11-1 to 4-30) 25 40 50 TSS (5-1 to 10-31) 15 25 30 (11-1 to 4-30) 30 45 60 Ammonia-N (5-1 to 10-31) 2 3 4 (11-1 to 4-30) 6 9 12 Total Cl2 Residual report Fecal Coliforms (5-1 to 9-30) 200 col/100 ml as a geometric mean (10-1 to 4-30) 2,000 col/100 ml as a geometric mean pH 6.0—9.0 at all times The EPA waiver is in effect.

PA 0043893. Sewerage, SIC: 4952, Western Clinton County Municipal Authority, Box 363, Renovo, PA 17764. This proposed action is for renewal of an NPDES permit for an existing discharge of treated sewage wastewater to west branch Susquehanna River in Renovo Borough, Clinton County. The receiving stream is classified for the following uses: warm water fishes, aquatic life, water supply and recreation. For the purposes of evaluating effluent requirements for TDS, NO2-NO3, fluoride and phenolics, the existing downstream potable water supply (PWS) considered during the evaluation is PA American Water Company located at Milton. Outfall 001 The proposed effluent limits, based on a design flow of 0.9 mgd, are: Average Average Instantaneous Parameter Monthly (mg/l) Weekly (mg/l) Maximum (mg/l)

CBOD5 25 40 50 TSS 30 45 60 Total Cl2 Residual 1.0 2.3 Fecal Coliforms (5-1 to 9-30) 200 col/100 ml as a geometric mean (10-1 to 4-30) 2,000 col/100 ml as a geometric mean pH 6.0—9.0 at all times The EPA waiver is in effect.

PA 0114057. Sewerage, SIC: 4952, White Deer Realty, Inc., 25 Kilmer Avenue, Kilmer Professional Park Building 3, Morganville, NJ 07751. This proposed action is for renewal of an NPDES permit for an existing discharge of treated sewage wastewater to White Deer Hole Creek in Gregg Township, Union County. The receiving stream is classified for the following uses: TSF, aquatic life, water supply and recreation. For the purposes of evaluating effluent requirements for TDS, NO2-NO3, fluoride and phenolics, the existing downstream potable water supply (PWS) considered during the evaluation is PA American Water Company located at Milton.

PENNSYLVANIA BULLETIN, VOL. 27, NO. 18, MAY 3, 1997 2164 NOTICES

Outfall 001 The proposed effluent limits, based on a design flow of 0.025 mgd, are: Average Average Instantaneous Parameter Monthly (mg/l) Weekly (mg/l) Maximum (mg/l)

CBOD5 25 50 TSS 30 60 Total Cl2 Residual 1.0 2.3 Fecal Coliforms (5-1 to 9-30) 200 col/100 ml as a geometric mean (10-1 to 4-30) 2,000 col/100 ml as a geometric mean pH 6.0—9.0 at all times The EPA waiver is in effect.

Southwest Regional Office: Water Management Program Manager, 400 Waterfront Drive, Pittsburgh, PA 15222-4745, telephone (412) 442-4000. PA 0000370. Industrial waste, SIC: 4941, Latrobe Municipal Authority, P. O. Box 88, Latrobe, PA 15650. This application is for renewal of an NPDES permit to discharge treated process water from the Kingston Filtration Plant in Derry Township, Westmoreland County. The following effluent limitations are proposed for discharge to the receiving waters, Loyalhanna Creek, classified as a warm water fishery with existing and/or potential uses for aquatic life, water supply and recreation. The first existing/proposed downstream potable water supply (PWS) is Saltsburg Municipal Water Works, located at Saltsburg, PA over 29 miles below the discharge point. Outfall 001: existing discharge, design flow of 0.25 mgd. Mass (lb/day) Concentration (mg/l) Average Maximum Average Maximum Instantaneous Parameter Monthly Daily Monthly Daily Maximum Flow monitor and report Total Suspended Solids 30 60 Iron (Total) 2.0 4.0 Aluminum 0.5 1.0 Manganese 1.0 2.0 Total Residual Chlorine 0.5 1.0 pH 6.0—9.0 Other Conditions: Residual waste, no floating solids, chemical additives, submission of data, 3 years compliance period for TRC, sampling requirement for basin drainage. The EPA waiver is in effect.

PA 0001406. Industrial waste, SIC: 3312, Braeburn Alloy Steel, Division of CCX, Inc., 101 Braeburn Road, Lower Burrell, PA 15068. This application is for renewal of an NPDES permit to discharge treated process water, sewage, and cooling water and untreated cooling water and stormwater from the Braeburn Plant in the City of Lower Burrell, Westmoreland County. The following effluent limitations are proposed for discharge to the receiving waters, Allegheny River, classified as a warm water fishery with existing and/or potential uses for aquatic life, water supply and recreation. The first existing/proposed downstream potable water supply (PWS) is Clearview Water Supply Company, located at Natrona Heights, PA, less than 1 mile from the discharge point. Outfall 001: existing discharge, design flow of 0.634. Mass (lb/day) Concentration (mg/l) Average Maximum Average Maximum Instantaneous Parameter Monthly Daily Monthly Daily Maximum Flow (mgd) monitor and report Temperature (°F) 110 Total Suspended Solids 30 60 Oil and Grease 15 30 pH (s.u.) not less than 6.0 nor greater than 9.0 Other Conditions: No net addition of pollutants to cooling water, thermal conditions for cooling water, chemical additive, solids disposal, sewage sludge report, 3-year TRC compliance period/TRC minimization/effective disinfection, no floating solids, mass and IMAX limits, percent removal and stormwater conditions.

PENNSYLVANIA BULLETIN, VOL. 27, NO. 18, MAY 3, 1997 NOTICES 2165

Outfall 101: existing discharge, design flow of 0.317 mgd. Mass (lb/batch discharge) Concentration (mg/l) Average Maximum Average Maximum Instantaneous Parameter Monthly Daily Monthly Daily Maximum Flow (mgd) monitor and report Total Suspended Solids 11.5 40 50 Oil and Grease 3.0 10 13 pH (s.u.) not less than 6.0 nor greater than 9.0 Outfall 002: existing discharge. Mass (lb/day) Concentration (mg/l) Average Maximum Average Maximum Instantaneous Parameter Monthly Daily Monthly Daily Maximum Outfall to consist solely of uncontaminated stormwater Outfall 003: existing discharge, design flow of 0.230 mgd. Mass (lb/day) Concentration (mg/l) Average Maximum Average Maximum Instantaneous Parameter Monthly Daily Monthly Daily Maximum Flow (mgd) monitor and report Temperature (°F) 110 Total Suspended Solids 30 60 Oil and Grease 15 30 pH (s.u.) not less than 6.0 nor greater than 9.0 Outfall 004: existing discharge, design flow of 0.001 mgd. Mass (lb/day) Concentration (mg/l) Average Maximum Average Maximum Instantaneous Parameter Monthly Daily Monthly Daily Maximum Flow (mgd) 0.001 CBOD5 25 50 Total Suspended Solids 30 60 Fecal Coliforms (col./100 ml) (5-1 to 9-30) 200 1,000 (10-1 to 4-30) 2,000 Total Residual Chlorine 1.4 3.3 pH (s.u.) not less than 6.0 nor greater than 9.0 Outfall 005: existing discharge, design flow of 0.013 mgd. Mass (lb/day) Concentration (mg/l) Average Maximum Average Maximum Instantaneous Parameter Monthly Daily Monthly Daily Maximum Temperature 110 Oil and Grease monitor and report Total Suspended Solids monitor and report Flow (mgd) monitor and report pH (s.u.) not less than 6.0 nor greater than 9.0 Outfall 012: existing discharge, design flow of 0.052 mgd. Mass (lb/day) Concentration (mg/l) Average Maximum Average Maximum Instantaneous Parameter Monthly Daily Monthly Daily Maximum Flow (mgd) monitor and report Oil and Grease 15 30 Total Suspended Solids monitor and report

The EPA waiver is in effect. PA 0034665. Industrial waste, SIC: 3316, Beaver Valley Heat Treating, Inc., 1585 Beaver Avenue, Monaca, PA 15061. This application is for renewal of an NPDES permit to discharge treated process water and stormwater from pickling operations in Monaca Borough, Beaver County.

PENNSYLVANIA BULLETIN, VOL. 27, NO. 18, MAY 3, 1997 2166 NOTICES

The following effluent limitations are proposed for discharge to the receiving waters, Ohio River, classified as a warm water fishery with existing and/or potential uses for aquatic life, water supply and recreation. The first existing/proposed downstream potable water supply (PWS) is the Midland Borough Municipal Authority, located at Midland Borough, 6 miles below the discharge point. Outfall 101: existing discharge, design flow of 0.0011 mgd. Mass (lb/day) Concentration (mg/l) Average Maximum Average Maximum Instantaneous Parameter Monthly Daily Monthly Daily Maximum Flow (mgd) monitor and report TSS 1.81 4.21 87 Lead 0.009 0.027 0.56 Zinc 0.012 0.036 0.38 pH not less than 6.0 nor greater than 9.0 The EPA waiver is in effect.

PA 0035246. Industrial waste, SIC: 4941, Municipal Authority of Westmoreland County, P. O. Box 730, Greensburg, PA 15601. This application is for renewal of an NPDES permit to discharge treated process water from the Indian Creek Water Filtration Plant in Dunbar Township, Fayette County. The following effluent limitations are proposed for discharge to the receiving waters, Youghiogheny River, classified as a high quality cold water fishery with existing and/or potential uses for aquatic life, water supply and recreation. The first existing/proposed downstream potable water supply (PWS) is McKeesport Municipal Water Authority, located at McKeesport, PA, over 30 miles below the discharge point. Outfall 001: existing discharge, design flow of 1.4 mgd. Mass (lb/day) Concentration (mg/l) Average Maximum Average Maximum Instantaneous Parameter Monthly Daily Monthly Daily Maximum Flow monitor and report Total Suspended Solids 30 60 Iron, Total 2.0 4.0 Aluminum 4.0 8.0 Manganese 1.0 2.0 Total Residual Chlorine 0.5 1.0 pH not less than 6.0 nor greater than 9.0 Other Conditions: Residual waste, no floating solids, chemical additives, submission of data, three years compliance period for TRC, Part II effluent limits superseded by this permit. The EPA waiver is in effect.

PA 0090379. Industrial waste, SIC: 4941, Indiana County Municipal Services Authority, P. O. Box 351, Indiana, PA 15701. This application is for renewal of an NPDES permit to discharge treated process water from the Jacksonville Water Treatment Plant in Black Lick Township, Indiana County. The following effluent limitations are proposed for discharge to the receiving waters, Unnamed Tributary to Aultman’s Run, classified as a trout stocked fishery with existing and/or potential uses for aquatic life, water supply and recreation. The first existing/proposed downstream potable water supply (PWS) is the Saltsburg Municipal Water Works, located at Saltsburg, PA, over 15 miles below the discharge point. Outfall 001: existing discharge, design flow of 0.006 mgd. Mass (lb/day) Concentration (mg/l) Average Maximum Average Maximum Instantaneous Parameter Monthly Daily Monthly Daily Maximum Flow 0.020 Maximum Controlled Rate (13.9 gpm) Total Suspended Solids 30 60 Iron (Total) 2.0 4.0 Aluminum 4.0 8.0 Manganese 1.0 2.0 Total Residual Chlorine 0.5 1.0 Total Dissolved Solids monitor and report pH not less than 6.0 nor greater than 9.0 Other Conditions: Residual waste, no floating solids, chemical additives, submission of data, 3 years compliance period for TRC and flow control, and dilution prohibition.

PENNSYLVANIA BULLETIN, VOL. 27, NO. 18, MAY 3, 1997 NOTICES 2167

The EPA waiver is in effect.

PA 0090395. Industrial waste, SIC: 4941, Indiana County Municipal Services Authority, P. O. Box 351, Indiana, PA 15701. This application is for renewal of an NPDES permit to discharge treated process water from the Iselin Water Treatment Plant in Young Township, Indiana County. The following effluent limitations are proposed for discharge to the receiving waters, Harpers Run, classified as a cold water fishery with existing and/or potential uses for aquatic life, water supply and recreation. The first existing/proposed downstream potable water supply (PWS) is Buffalo Township Municipal Authority—Freeport Plant located at Freeport, PA, over 25 miles below the discharge point. Outfall 001: existing discharge, design flow of 0.002 mgd. Mass (lb/day) Concentration (mg/l) Average Maximum Average Maximum Instantaneous Parameter Monthly Daily Monthly Daily Maximum Flow 0.010 maximum controlled rate (6.9 gpm) Total Suspended Solids 30 60 Iron, Total 2.0 4.0 Aluminum 4.0 8.0 Manganese 1.0 2.0 Total Residual Chlorine 0.5 1.0 Total Dissolved Solids monitor and report pH not less than 6.0 nor greater than 9.0 Other Conditions: Residual waste, no floating solids, chemical additives, submission of data, 3 years compliance period for TRC and flow control, and dilution prohibition. The EPA waiver is in effect.

PA 0091685. Industrial waste, SIC: 4953, USX Corporation, 600 Grant Street, Pittsburgh, PA 15230. This application is for renewal of an NPDES permit to discharge treated hazardous leachate, untreated residual leachate and acid mine drainage to the South Sewer Treatment Plant and untreated stormwater and leachate from Taylor Industrial Landfill in West Mifflin Borough, Allegheny County. The following effluent limitations are proposed for discharge to the South Sewer Treatment Plant (SSTP) at the Irvin Works and an unnamed tributary to Streets Run classified as a warm water fishery with existing and/or potential uses for aquatic life, water supply and recreation. For the purpose of evaluating effluent requirements for TDS, NO2-NO3, fluoride and phenolics, the existing/proposed downstream potable water supply (PWS) considered during the evaluation is West Penn Water, located at 7.2 miles below the discharge point. Outfall 103: existing discharge, design flow of 0.032 mgd discharge to Irvin Works (SSTP) Mass (lb/day) Concentration (mg/l) Average Maximum Average Maximum Instantaneous Parameter Monthly Daily Monthly Daily Maximum Total Suspended Solids 12 15 Oil and Grease 10 10 30 Aluminum 2.71 6.11 Iron 1.5 3.0 Manganese 0.23 0.30 Cadmium 0.08 0.2 Chromium, hex monitor/report Chromium, total 0.15 0.37 Lead 0.13 0.28 Copper 0.61 1.28 Selenium 0.37 0.82 Beryllium 0.34 0.82 Silver 0.12 0.29 Zinc 0.42 1.02 Cyanide, total 2.0 4.0 Cyanide, free monitor/report Phenols monitor/report Acrylonitrile monitor/report Benzo(a)(Pyrene) monitor/report pH not less than 6.0 nor greater than 9.0

PENNSYLVANIA BULLETIN, VOL. 27, NO. 18, MAY 3, 1997 2168 NOTICES

Outfall 203: 0.25 mgd discharge to Irvin Works (SSTP) Mass (lb/day) Concentration (mg/l) Average Maximum Average Maximum Instantaneous Parameter Monthly Daily Monthly Daily Maximum

Total Suspended Solids monitor/report Oil and Grease monitor/report Aluminum monitor/report Iron monitor/report Manganese monitor/report Cadmium monitor/report Chromium, hex monitor/report Chromium, total monitor/report Lead monitor/report Copper monitor/report Selenium monitor/report Beryllium monitor/report Silver monitor/report Zinc monitor/report Cyanide, total monitor/report Cyanide, free monitor/report Phenols monitor/report Acrylonitrile monitor/report Benzo(a)(Pyrene) monitor/report pH not less than 6.0 nor greater than 9.0 Outfall 002: North Taylor existing discharge to an unnamed tributary to Streets Run Mass (lb/day) Concentration (mg/l) Average Maximum Average Maximum Instantaneous Parameter Monthly Daily Monthly Daily Maximum Total Suspended Solids 30 60 Oil and Grease 15 30 Aluminum 2.0 4.0 5.0 Iron 3.5 7.0 8.75 Manganese 3.2 6.4 8.0 Cadmium 0.028 0.056 0.07 Silver 0.0008 0.0016 0.002 Cyanide, free 0.02 0.04 0.05 Lead 0.15 0.3 0.4 Beryllium not detectable using EPA method 210.2 Benzo(a)(Pyrene) 0.00005 0.0001 0.000125 pH not less than 6.0 nor greater than 9.0 Outfall SPN17 and SPN18: existing discharge to an unnamed tributary to Streets Run. Mass (lb/day) Concentration (mg/l) Average Maximum Average Maximum Instantaneous Parameter Monthly Daily Monthly Daily Maximum Total Suspended Solids monitor/report Oil and Grease monitor/report Aluminum 2.71 6.11 Iron 1.5 3.0 Manganese 0.23 0.30 Cadmium 0.08 0.2 Silver 0.12 0.29 Cyanide, free monitor and report Lead Beryllium Benzo(a)(Pyrene) monitor/report pH not less than 6.0 nor greater than 9.0 Outfall 004: existing discharge to an unnamed tributary to Streets Run. Mass (lb/day) Concentration (mg/l) Average Maximum Average Maximum Instantaneous Parameter Monthly Daily Monthly Daily Maximum This discharge shall consist solely of stormwater runoff. Aluminum monitor/report

PENNSYLVANIA BULLETIN, VOL. 27, NO. 18, MAY 3, 1997 NOTICES 2169

Mass (lb/day) Concentration (mg/l) Average Maximum Average Maximum Instantaneous Parameter Monthly Daily Monthly Daily Maximum Iron monitor/report Manganese monitor/report Cyanide monitor/report Zinc monitor/report Outfall 005: existing discharge to an unnamed tributary to Streets Run. Mass (lb/day) Concentration (mg/l) Average Maximum Average Maximum Instantaneous Parameter Monthly Daily Monthly Daily Maximum This discharge shall consist solely of stormwater runoff. Aluminum monitor/report Iron monitor/report Manganese monitor/report Cyanide monitor/report Zinc monitor/report Outfall 006: existing discharge to an unnamed tributary to Streets Run. Mass (lb/day) Concentration (mg/l) Average Maximum Average Maximum Instantaneous Parameter Monthly Daily Monthly Daily Maximum This discharge shall consist solely of stormwater runoff. Aluminum monitor/report Iron monitor/report Manganese monitor/report Cyanide monitor/report Zinc monitor/report The EPA waiver is in effect.

PA 0098124. Industrial waste, SIC: 4911, Duquesne Light Company, 411 Seventh Avenue, P. O. Box 1930, Pittsburgh, PA 15230-1930. This application is for renewal of an NPDES permit to discharge treated leachate and stormwater from the Elrama Ash Disposal Site in Union Township, Washington County. The following effluent limitations are proposed for discharge to the receiving waters, Monongahela River, classified as a warm water fishery with existing and/or potential uses for aquatic life, water supply and recreation. Outfall 001: existing discharge, design flow of 0.01 mgd. Mass (lb/day) Concentration (mg/l) Average Maximum Average Maximum Instantaneous Parameter Monthly Daily Monthly Daily Maximum Flow monitor and report Suspended Solids 30 60 Boron 15 30 pH not less than 6.0 nor greater than 9.0 Outfall 002: existing discharge, design flow of 0.000117 mgd. Mass (lb/day) Concentration (mg/l) Average Maximum Average Maximum Instantaneous Parameter Monthly Daily Monthly Daily Maximum Flow monitor and report Suspended Solids 30 60 Boron 15 30 pH not less than 6.0 nor greater than 9.0 Outfall 003: new discharge, design flow of 0.0012 mgd. Mass (lb/day) Concentration (mg/l) Average Maximum Average Maximum Instantaneous Parameter Monthly Daily Monthly Daily Maximum Flow monitor and report Arsenic monitor/report Boron monitor/report

PENNSYLVANIA BULLETIN, VOL. 27, NO. 18, MAY 3, 1997 2170 NOTICES

Mass (lb/day) Concentration (mg/l) Average Maximum Average Maximum Instantaneous Parameter Monthly Daily Monthly Daily Maximum Molybdenum monitor/report Selenium monitor/report Zinc monitor/report pH not less than 6.0 nor greater than 9.0 Outfall 004: new discharge, design flow of 0.00035 mgd. Mass (lb/day) Concentration (mg/l) Average Maximum Average Maximum Instantaneous Parameter Monthly Daily Monthly Daily Maximum Flow monitor and report Arsenic monitor/report Boron monitor/report Molybdenum monitor/report Selenium monitor/report Zinc monitor/report pH not less than 6.0 nor greater than 9.0 Outfall 005: new discharge, design flow of 0.0022 mgd. Mass (lb/day) Concentration (mg/l) Average Maximum Average Maximum Instantaneous Parameter Monthly Daily Monthly Daily Maximum Flow monitor and report Fecal Coliform monitor/report Arsenic monitor/report Boron monitor/report Molybdenum monitor/report Selenium monitor/report Zinc monitor/report pH not less than 6.0 nor greater than 9.0 The EPA waiver is in effect.

PA 0110655. Industrial waste, SIC: 3312, FirstMiss Steel, Inc., P. O. Box 509, Hollsopple, PA 15935-0509. This application is for renewal of an NPDES permit to discharge cooling water and stormwater from the Stony Creek Mill in Quemahoning Township, Somerset County. The following effluent limitations are proposed for discharge to the receiving waters, Stony Creek, classified as a trout stock fishery with existing and/or potential uses for aquatic life, water supply and recreation. Outfall 002: existing discharge, design flow of 0.75 mgd. Mass (lb/day) Concentration (mg/l) Average Maximum Average Maximum Instantaneous Parameter Monthly Daily Monthly Daily Maximum Flow (mgd) monitor and report Temperature (°F): (2-15 to 7-31) 76 (8-1 to 2-14) 81 pH not less than 6.0 nor greater than 9.0 Other Conditions: Pollution Reduction Report and additional monitoring for oil and grease. The EPA waiver is in effect.

PA 0204528. Industrial waste, SIC: 4941, Vanport Township Municipal Authority, 285 River Avenue, Vanport, PA 15009. This application is for renewal of an NPDES permit to discharge treated process water and untreated stormwater from the Vanport Water Treatment Plant in Vanport Township, Beaver County. The following effluent limitations are proposed for discharge to the receiving waters, Ohio River, classified as a warm water fishery with existing and/or potential uses for aquatic life, water supply and recreation. The first existing/proposed downstream potable water supply (PWS) is Midland Borough Water Authority, located at Midland, PA, about 5 miles below the discharge point.

PENNSYLVANIA BULLETIN, VOL. 27, NO. 18, MAY 3, 1997 NOTICES 2171

Outfall 001: existing discharge, design flow of 2 mgd. Mass (lb/day) Concentration (mg/l) Average Maximum Average Maximum Instantaneous Parameter Monthly Daily Monthly Daily Maximum Flow (MGD) monitor and report Trichloroethylene (TCE) 0.010 0.020 Total Residual Chlorine 0.5 1.0 pH not less than 6.0 nor greater than 9.0 Other Conditions: Stormwater runoff, no floating solids, chemical additives, submission of data, notification of emergency overflow. The EPA waiver is in effect.

PA 0205834. Industrial waste, SIC: 3317, PMAC, Ltd., 4th Avenue near 39th Street, West Mayfield, Beaver Falls, PA 15010. This application is for issuance of an NPDES permit to discharge treated process water, untreated cooling water and stormwater from PMAC, Ltd. in West Mayfield, Beaver Falls, Beaver County. The following effluent limitations are proposed for discharge to the receiving waters, Wallace Run, Walnut Bottom Run and the Beaver Run, classified as a warm water fisheries with existing and/or potential uses for aquatic life, water supply and recreation. The first existing/proposed downstream potable water supply (PWS) is Beaver Falls Municipal Authority, located at 0.75 mile below the discharge point. Outfall 001: new discharge. Mass (lb/day) Concentration (mg/l) Average Maximum Average Maximum Instantaneous Parameter Monthly Daily Monthly Daily Maximum This discharge shall consist solely of uncontaminated stormwater runoff from the Number 1 and 2 mills, the hot finish machine shop, the hot finish department and the cold draw department plant areas. Internal Monitoring Point 102: new discharge Mass (lb/day) Concentration (mg/l) Average Maximum Average Maximum Instantaneous Parameter Monthly Daily Monthly Daily Maximum Chromium 0.37 0.94 0.4 1.0 1.25 Nickel 0.27 0.84 0.3 0.9 1.13 Zinc 0.0006 0.0018 0.1 0.3 0.4 Napthalene 0.0006 0.1 0.13 Tetrachloroethylene 0.0009 0.15 0.19 Total Suspended Solids 35.4 82.9 30 60 75 Oil and Grease 11.8 36.7 10 30 pH not less than 6.0 nor greater than 9.0 Outfall 002: new discharge Mass (lb/day) Concentration (mg/l) Average Maximum Average Maximum Instantaneous Parameter Monthly Daily Monthly Daily Maximum Temperature 110°F This discharge shall consist solely of those sources previously monitored at internal monitoring point 102, noncontact cooling water from the hot finish department (sump pump lube and hot finish APF furnace), and uncontaminated stormwater runoff. pH not less than 6.0 nor greater than 9.0 Outfall 003: new discharge Mass (lb/day) Concentration (mg/l) Average Maximum Average Maximum Instantaneous Parameter Monthly Daily Monthly Daily Maximum This discharge shall consist solely of uncontaminated stormwater runoff. pH not less than 6.0 nor greater than 9.0 The EPA waver is in effect.

PA 0097411. Sewage, Glendale School District, 1466 Beaver Valley Road, Flinton, PA 16640-8900. This application is for renewal of an NPDES permit to discharge treated sewage from Glendale High School STP in White Township, Cambria County.

PENNSYLVANIA BULLETIN, VOL. 27, NO. 18, MAY 3, 1997 2172 NOTICES

The following effluent limitations are proposed for discharge to the receiving waters, known as Tributary of Dutch Run, which are classified as a cold water fishery with existing and/or potential uses for aquatic life, water supply and recreation. The first downstream potable water supply intake from this facility is the Pennsylvania American Water Company.

Outfall 001: existing discharge, design flow of .010 mgd. Concentration (mg/l) Average Average Maximum Instantaneous Parameter Monthly Weekly Daily Maximum COBD-5 Day 25 50 Suspended Solids 30 60 Ammonia Nitrogen (5-1 to 10-31) 2.5 5.0 (11-1 to 4-30) 6.0 12.0 Fecal Coliform (5-1 to 9-30) 200/100 ml as a geometric mean (10-1 to 4-30) 2,000/100 ml as a geometric mean Total Residual Chlorine 1st month—36th month monitor and report 37th—expiration .15 .35 Dissolved Oxygen not less than 6 mg/l pH not less than 6.0 nor greater than 9.0

The EPA waiver is not in effect.

PA 0098761. Sewage, NWL, Inc., P. O. Box 188, Farmington, PA 15437. This application is for renewal of an NPDES permit to discharge treated sewage from the Nemacolin Woodlands Sewage Treatment Plant in Wharton Township, Fayette County. The following effluent limitations are proposed for discharge to the receiving waters, known as unnamed tributary of Deadman Run, which are classified as a high quality-cold water fishery with existing and/or potential uses for aquatic life, water supply and recreation. The first downstream potable water supply intake from this facility is the North Fayette County Municipal Authority. Outfall 001: expanded discharge, design flow to be increased from 0.14 to 0.5 mgd. The effluent limitations below pertain to a 0.5 mgd discharge flow. Concentration (mg/l) Average Average Maximum Instantaneous Parameter Monthly Weekly Daily Maximum CBOD-5 Day 10 15 20 Suspended Solids 10 15 20 Ammonia Nitrogen (5-1 to 10-31) 1.5 2.3 3.0 (11-1 to 4-30) 2.5 3.8 5.0 Phosphorus 1.0 1.5 2.0 Fecal Coliform (5-1 to 9-30) 200/100 ml as a geometric mean (10-1 to 4-30) 2,000/100 ml as a geometric mean Nitrite—Nitrate 10 15 20 Dissolved Oxygen not less than 7.0 mg/l pH not less than 6.0 nor greater than 9.0

Other Conditions: Ultraviolet disinfection to be used in lieu of chlorine to treat fecal coliforms. The EPA waver is in effect.

PA 0204200. Sewage, Joseph T., Jr. and Michelle A. Naviglia, 1743 Wildlife Lodge Road, Lower Burrell, PA 15068. This application is for renewal of an NPDES permit to discharge treated sewage from the Naviglia Single Residence Sewage Treatment Plant in the City of Lower Burrell, Westmoreland County.

The following effluent limitations are proposed for discharge to the receiving waters, known as an unnamed tributary of Little Pucketa Creek, which are classified as a trout stock fishery with existing and/or potential uses for aquatic life, water supply and recreation. The first downstream potable water supply intake from this facility is the Oakmont Borough Municipal Authority on the Allegheny River.

PENNSYLVANIA BULLETIN, VOL. 27, NO. 18, MAY 3, 1997 NOTICES 2173

Outfall 001: existing discharge, design flow of 0.0004 mgd. Concentration (mg/l) Average Average Maximum Instantaneous Parameter Monthly Weekly Daily Maximum CBOD-5 Day 25 50 Suspended Solids 30 60 Fecal Coliform (5-1 to 9-30) 200/100 ml as a geometric mean (10-1 to 4-30) 100,000/100 ml as a geometric mean Total Residual Chlorine monitor and report pH not less than 6.0 nor greater than 9.0 The EPA waiver is in effect. APPLICATIONS—NPDES MINOR RENEWALS

Southcentral Regional Office: Water Management Program, One Ararat Boulevard, Harrisburg, PA 17110, telephone (717) 657-4590. Facility Name County and New Permit NPDES No. and Address Municipality Tributary Stream Requirements PA0080268 Regency Woods MHP Cumberland UNT to Conodoguinet TRC 1104 Fernwood Ave. Middlesex Twp. Camp Hill, PA 17011 PA0084565 E. Prospect Borough York Cabin Creek TRC P. O. Box 203 L. Windsor Township E. Prospect, PA 17317

DISCHARGE OF CONTROLLED INDUSTRIAL Southwest Regional Office: Water Management Program WASTE AND SEWERAGE WASTEWATER Manager, 400 Waterfront Drive, Pittsburgh, PA 15222- 4745, telephone (412) 442-4000. Applications under the Pennsylvania Clean Streams Law A. 027148-T1-Amendment No. 1. Sewerage. West Mifflin Sanitary Sewer Authority, 1302 Lower Bull (Part II Permits) Run Rd., West Mifflin, PA 15122-2902. Application for the construction of a 550,000 gallon equalization tank and Applications received for industrial waste and sew- other modifications located in the Borough of West Mif- age applications under The Clean Streams Law flin, Allegheny County to serve the New England (35 P. S. §§ 691.1—691.1001). Sewage Treatment Plant. Southcentral Regional Office: Water Management Pro- A. 0297404. Sewerage. Kennedy Township Sewer gram Manager, One Ararat Boulevard, Harrisburg, PA Authority, 340 Forest Grove Road, Coraopolis, PA 15108. 17110, telephone (717) 657-4590. Application for the renovation and capacity increase of an existing raw sewage pump station, with replacement and A. 0697404. Sewage, submitted by Oley Township enlargement of its discharge force main and stream Municipal Authority, P. O. Box 19, Oley, PA 19547 in crossing located in the Township of Kennedy, Allegheny Oley Township, Berks County to upgrade their sewage County to serve the Ewing Road Pump Station Project. treatment plant was received in the Southcentral Region on April 4, 1997. INDIVIDUAL PERMITS A. 2197403. Sewage, submitted by Mountain View (PAS) Terrace Sewage Association, Inc., 250 Beetern Hollow The following parties have applied for an NPDES Road, Newville, PA 17241 in Upper Frankford Township, permit to discharge stormwater from a proposed construc- Cumberland County to convert their septic tank com- tion activity into the surface waters of the Common- plexes to manholes which in turn are connected to a wealth. Unless otherwise indicated on the basis of pre- proposed treatment plant was received in the liminary review and application of lawful standards and Southcentral Region on April 8, 1997. regulations, the Department of Environmental Protection A. 0187402. (Amendment 97-1). Sewage, submitted proposes to issue a permit to discharge, subject to certain by Abbottstown-Paradise Joint Sewer Authority, limitations set forth in the permit and special conditions. P. O. Box 401, Abbottstown, PA 17301 in Hamilton Town- These proposed determinations are tentative. Limitations ship, Adams County to remove all 12 existing holding are provided in the permit as erosion and sedimentation tanks located throughout the Abbottstown-Paradise Joint control measures and facilities which restrict the rate and Sewer Authority was received in the Southcentral Region quantity of sediment discharged. on April 7, 1997. Where indicated, the EPA, Region III, Regional Admin- istrator has waived the right to review or object to this A. 6797404. Sewage, submitted by Susquehanna Re- proposed permit action under the waiver provision 40 sources, P. O. Box 3711, York, PA 17402-3711 in Hellam CFR 123.24(d). Township, York County to construct a small flow sewage treatment plant to serve a gymnasium was received in Persons wishing to comment on the proposed permit the Southcentral Region Office on April 9, 1997. are invited to submit a statement to the Regional Office

PENNSYLVANIA BULLETIN, VOL. 27, NO. 18, MAY 3, 1997 2174 NOTICES or County Conservation District Office indicated as the NPDES Permit PAS10G261. Stormwater. DHR Lim- responsible office, within 30 days from the date of this ited Partnership, 600 Fletcher Road, Wayne, PA 19087 public notice. Comments reviewed within this 30-day has applied to discharge stormwater from a construction period will be considered in the formulation of the final activity located in Tredyffrin Township, Chester County, determinations regarding this application. Responses to Valley Creek. should include the name, address and telephone number of the writer and a concise statement to inform the NPDES Permit PAS10G262. Stormwater. The Regional Office of the exact basis of a comment and the Harlan Corporation, 266 E. Lancaster Avenue, Mal- relevant facts upon which it is based. A public hearing vern, PA 19355 has applied to discharge stormwater from may be held if the Regional Office considers the public a construction activity located in Pocopson Township, response significant. Chester County, to UNT to Pocopson Creek. Following the 30-day comment period, the Water Pro- NPDES Permit PAS10G263. Stormwater. General gram Manager will make a final determination regarding Real Estate Development Inc., 921 Briarwood Circle, the proposed permit. Notice of this determination will be West Chester, PA 19380 has applied to discharge published in the Pennsylvania Bulletin at which time this stormwater from a construction activity located in determination may be appealable to the Environmental Charlestown Township, Chester County, to Pickering Hearing Board. Creek. The application and related documents, including the Montgomery County Conservation District, District erosion and sedimentation control plan for the construc- Manager, 1015 Bridge Road, Collegeville, PA 19426, tele- tion activity, are on file and may be inspected at the phone (610) 489-4506. County Conservation District Office or the Department NPDES Permit PAS10T082. Stormwater. Parec Re- Regional Office indicated above the application. alty, c/o Trilogy Development Company Inc., 1541 E. Persons with a disability who wish to attend the Strasburg Road, West Chester, PA 19380 has applied to hearing and require an auxiliary aid, service or other discharge stormwater from a construction activity located accommodation to participate in the proceedings should in Limerick Township, Montgomery County, to Lodal contact the specified program. TDD users may contact the Creek. Department through the Pennsylvania AT&T Relay Ser- NPDES Permit PAS10T083. Stormwater. The Cutler vice at 1 (800) 654-5984. Group Inc., 5 Sentry Parkway West, Ste. 100, Blue Bell, Northwest Regional Office: Regional Water Management PA 19422 has applied to discharge stormwater from a Program Manager, 230 Chestnut Street, Meadville, PA construction activity located in Upper Providence Town- 16335, telephone (814) 332-6942. ship, Montgomery County, to UNT to Perkiomen Creek. Southeast Regional Office: Regional Water Management Program Manager, 555 North Lane, Lee Park, Tioga County Conservation District, District Manager, 5 Conshohocken, PA 19428, telephone (610) 832-6131. East Avenue, Wellsboro, PA 16901, telephone (717) 724- 1801. Northcentral Regional Office: Regional Water Manage- ment Program Manager, 208 W. 3rd Street, Williamsport, NPDES Permit PAS106602-1. Stormwater. NE Hub PA 17701, telephone (717) 327-3669. Partners LP, 2 Riverbend at Lansdowne, 44084 River- side Parkway, Ste. 340, Leesburg, VA 22052 has applied Southwest Regional Office: Regional Water Management to discharge stormwater from a construction activity Program Manager, 400 Waterfront Drive, Pittsburgh, PA located in Farmington, Middlebury and Tioga Townships, 15222, telephone (412) 442-4028. Tioga County, to the Cowanesque and Tioga Rivers. Southcentral Regional Office: Regional Water Manage- Westmoreland County Conservation District, District ment Program Manager, 1 Ararat Boulevard, Harrisburg, Manager, Donohue Center, R. D. 12, Box 202-B, PA 17110, telephone (717) 657-4590. Greensburg, PA 15601, telephone (412) 837-5271. Butler County Conservation District, District Manager, NPDES Permit PAS10X076. Stormwater. Han- 122 McCune Drive, Butler, PA 16001, telephone (412) nastown Golf Club, 121 Blank School Road, 284-5270. Greensburg, PA 15601 has applied to discharge NPDES Permit PAS10E062. Stormwater. Donald stormwater from a construction activity located in Bergbigler, 302 Cornetti Road, Fenelton, PA 16034 has Hempfield Township, Westmoreland County, to Jacks applied to discharge stormwater from a construction Run. activity located in Clearfield Township, Butler County, NPDES Permit PAS10X077. Stormwater. Tamas to the north branch and Buffalo Creek. Tanto, R. D. 4, Box 121, Greensburg, PA 15601 has Chester County Conservation District, District Manager, applied to discharge stormwater from a construction 601 Westtown Road, West Chester, PA 19382, telephone activity located in Salem Township, Westmoreland (610) 696-5126. County, to Crabtree Creek. NPDES Permit PAS10G259. Stormwater. Tattersall York County Conservation District, District Manager, Development Company, P. O. Box 217, Chester 118 Pleasant Acres Road, York, PA 17402, telephone (717) Springs, PA 19425 has applied to discharge stormwater 840-7430. from a construction activity located in West Bradford Township, Chester County, to Broad Run. NPDES Permit PAS10Y025-1. Stormwater. Pennsyl- vania Department of Transportation, District #8, NPDES Permit PAS10G260. Stormwater. Liberty 2140 Herr Street, Harrisburg, PA 17103 has applied to Property, 65 Valley Stream Parkway, Malvern, PA 19355 discharge stormwater from a construction activity located has applied to discharge stormwater from a construction in Manchester, East Manchester, Conewago and activity located in Tredyffrin Township, Chester County, Newberry Townships, York County, to Bennett Run, to Valley Creek. Little Conewago and Big Conewago.

PENNSYLVANIA BULLETIN, VOL. 27, NO. 18, MAY 3, 1997 NOTICES 2175

SAFE DRINKING WATER supply to supplement the existing production well nos. 201, 203 and 204 in Perkiomen and Lower Providence Applications received under the Pennsylvania Safe Township, Montgomery County. Drinking Water Act (35 P. S. §§ 721.1—721.17). LAND RECYCLING AND Southcentral Regional Office: Sanitarian Regional Man- ENVIRONMENTAL REMEDIATION ager, One Ararat Boulevard, Harrisburg, PA 17110, tele- Under Act 2, 1995 phone (717) 657-4692. Preamble 1 A. 2897502. Public water supply. Waynesboro Area School District, Quincy Township, Franklin County Acknowledgment of Notices of Intent to Remediate (Wallace J. Jones, Business Administrator, 210 Clayton under the Land Recycling and Environmental Avenue, P. O. Box 72, Waynesboro, PA 17268), changes to Remediation Standards Act (35 P. S. §§ 6026.101— existing Nontransient, Noncommunity Public Water Sys- 6026.908). tem proposing to add anion exchange for nitrate removal, modification of existing Cation Exchange Softener, and Sections 302 and 303 of the Land Recycling and replacement of existing well and chlorine pumps, (Dennis Environmental Remediation Standards Act (act) require E. Black, Dennis E. Black Engineering, Inc., 2400 Phila- the Department of Environmental Protection to publish in delphia Avenue, Chambersburg, PA 17201). the Pennsylvania Bulletin an acknowledgment noting A. 2897503. Public water supply. Dry Run Water receipt of any Notices of Intent to Remediate. An ac- Association, Fannett Township, Franklin County knowledgment of the receipt of a Notice of Intent to (Ricky A. Lauthers, Treasurer, Dry Run Water Associa- Remediate is used to identify a site where a person tion, P. O. Box 11, Dry Run, PA 17220), replacement of proposes to, or has been required to, respond to a release the distribution system and treatment building, installa- of a regulated substance at a site. Persons intending to tion of service and raw meters and miscellaneous minor use the background or Statewide health standard to system improvements, (Angelo A. Tesoriero, P. E., remediate a site must file a Notice of Intent to Remediate GeoSource Engineers, 7 South Seasons Drive, Dillsburg, with the Department. A Notice of Intent to Remediate PA 17019). filed with the Department must provide a brief description of the location of the site, a list of known contami- Northeast Regional Office: Sanitarian Regional Man- nants at the site, the proposed remediation measures for ager, 2 Public Square, Wilkes-Barre, PA 18711-0790, tele- the site and a description of the intended future use of phone (717) 826-2511. the site. A person who demonstrates attainment of one or 6697501. Public water supply. Saddle Lake, Inc.,74 a combination of the cleanup standards identified under Kendal Drive, Kennett Square, PA 19348-2326. This the act will be relieved of further liability for the proposal involves the addition of source well #2, remediation of the site for any contamination identified in wellhouse/pump station, disinfection and finished water reports submitted to and approved by the Department storage. It is located in Tunkhannock Township, Wyo- and shall not be subject to citizen suits or other contribu- ming County. tion actions brought by responsible persons not participating in the remediation. Engineer: Gregg Bates, P. E., 19 Culver Street, Forty Fort, PA 18704. For further information concerning the content of a Notice of Intent to Remediate, contact the Department of Northwest Regional Office: Sanitarian Regional Man- Environmental Protection Regional Office under which ager, 230 Chestnut Street, Meadville, PA 16335-3481, the notice appears. If information concerning this ac- telephone (814) 332-6899. knowledgment is required in an alternative form, contact A. 2097501. Non-Transient Non-Community. Spar- the community relations coordinator at the appropriate tansburg Elementary School, Corry Area School Dis- Regional Office listed. TDD users may telephone the trict, 150 Water Street, Spartansburg, PA 16434. This Department through the AT&T Relay Service at 1 (800) proposal involves the construction of a poly phosphate- 654-5984. silicate blend system for the purpose of corrosion control The Department of Environmental Protection has re- in Spartansburg Borough, Crawford County. ceived the following Notices of Intent to Remediate: Southeast Regional Office: Sanitarian Regional Man- Northcentral Regional Office: Environmental Cleanup ager, Lee Park, Suite 6010, 555 North Lane, Consho- Program Manager, 208 West Third Street, Suite 101, hocken, PA 19428-2233, telephone (610) 832-6130. Williamsport, PA 17701-6448, telephone (717) 321-6525. A. 1597503. Public water supply. City of Coatesville E. DeVecchis & Sons, Ferguson Township, Centre Authority, 114 East Lincoln Highway, P. O. Box 791, County. Aaron S. Gustkey on behalf of E. DeVecchis & Coatesville, PA 19320. This proposal involves the replace- Sons, 1701 W. College Avenue, State College, PA 16801 ment of an existing 10 million gallon finished open water has submitted a Notice of Intent to Remediate soil reservoir witha2million gallon welded steel ground contaminated with BTEX, PHCs and PAHs. The applicant storage tank in Bart Township, Lancaster County. proposes to remediate the site to meet the Statewide A. 2397501. Public water supply. Joseph Silvestri Health Standard. It is noted that groundwater will be and Son, Inc., 1168 Naamans Creek Road, located in characterized to ensure that any impacts from the con- Boothwyn, PA 19061. This proposal involves the permit- taminated soil are properly evaluated. A summary of the ting of an existing water supply system and the addition Notice of Intent to Remediate was reported to have been of disinfection in Bethel Township, Delaware County. published in the Centre Daily Times on April 1, 1997. Preamble 2 A. 4697504. Public water supply. Evansburg Water Company, 385 Bridge Street, Graterford, PA 19426. This Sections 304 and 305 of the Land Recycling and proposal involves the use of well no. 202 (currently a Environmental Remediation Standards Act (act) require back-up water supply) as an additional permanent water the Department of Environmental Protection to publish in

PENNSYLVANIA BULLETIN, VOL. 27, NO. 18, MAY 3, 1997 2176 NOTICES the Pennsylvania Bulletin an acknowledgment noting with lead, heavy metals and napthalene. The applicant receipt of any Notices of Intent to Remediate. An ac- proposes to remediate the site to meet a special industrial knowledgment of the receipt of a Notice of Intent to area standard. A summary of the Notice of Intent to Remediate is used to identify a site where a person Remediate was reported to have been published in the proposes to, or has been required to, respond to a release McKeesport Daily News on February 6, 1997. of a regulated substance at a site. Persons intending to use a site-specific standard or who intend to remediate a SOLID AND HAZARDOUS WASTE site in a Special Industrial Area must file a Notice of OPERATE WASTE PROCESSING OR DISPOSAL Intent to Remediate with the Department. A Notice of AREA OR SITE Intent to Remediate filed with the Department provides a brief description of the location of the site, a list of known Applications submitted under the Solid Waste Man- contaminants at the site, the proposed remediation mea- agement Act (35 P. S. §§ 6018.101—6018.1003), the sures for the site and a description of the intended future Municipal Waste Planning, Recycling and Waste use of the site. A person who demonstrates attainment of Reduction Act (53 P. S. §§ 4000.101—4001.1904) one or a combination of the cleanup standards identified and regulations to operate solid waste processing under the act will be relieved of further liability for the or disposal area or site. remediation of the site for any contamination identified in reports submitted to and approved by the Department Regional Office: Northeast Regional Office, Regional and shall not be subject to citizen suits or other contribu- Solid Waste Manager, 2 Public Square, Wilkes-Barre, PA tion actions brought by responsible persons not partici- 18711-0790, telephone (717) 826-2516. pating in the remediation. Permit I. D. No. 602432. State Correctional Insti- Under sections 304(n)(1)(ii) and 305(c)(2) of the act, tute at Dallas, Department of Corrections, P. O. Box 598, there is a 30-day public and municipal comment period Camp Hill, PA 17001-0598. An application for agricultural for sites proposed for remediation using a site-specific utilization of sewage sludge at this facility, located in cleanup standard, in whole or in part, and for sites Jackson Township, Luzerne County. This application determined to be located in Special Industrial Areas. This was received in the Regional Office on January 15, 1997 period begins when a summary of the Notice of Intent to and was found to be complete on April 2, 1997. Remediate is published in a newspaper of general circulation in the area by the person conducting remediation. PREVIOUSLY UNPERMITTED CLASS OF SPECIAL For the sites identified below, a municipality may request HANDLING WASTE to be involved in the development of the remediation and INFECTIOUS OR CHEMOTHERAPEUTIC WASTE reuse plans for the site if the request is made within 30 days of the date specified below. During this comment Renewal applications received under the Solid period, a municipality may request that the person Waste Management Act (35 P. S. §§ 6018.101— identified below, as the remediator of a site, develop and 6018.1003), the Infectious and Chemotherapeutic implement a public involvement plan. Requests to be Waste Law (35 P. S. §§ 6019.1—6019.6) and regula- involved, and comments, should be directed to the tions for license to transport infectious and che- remediator of a site. For further information concerning motherapeutic waste. the content of a Notice of Intent to Remediate, please contact the Department of Environmental Protection Re- Bureau of Land Recycling and Waste Management, gional Office under which the notice appears. If informa- Division of Hazardous Waste Management, P. O. Box tion concerning this acknowledgment is required in an 8471, Harrisburg, PA 17105-8471. alternative form, contact the community relations coordi- Domenick Pucillo Disposal, Inc., 1420 Chestnut nator at the appropriate regional office listed. TDD users Avenue, Hillside, NJ 07205; Domenick Pucillo, President; may telephone the Department through the AT&T Relay License No. PA-HC 0161; application received April 1, Service at 1 (800) 654-5984. 1997. The Department of Environmental Protection has received the following Notices of Intent to Remediate: AIR POLLUTION Southcentral Regional Office: Environmental Cleanup OPERATING PERMITS Program Manager, One Ararat Boulevard, Harrisburg, PA Construct, modify or activate air contaminant 17110, (717) 657-4592. sources Mid State Chemicals, Allegheny Township, Blair 25 Pa. Code § 129.1 County. ADVENT Environmental, 303 N. Hurstbourne Parkway, Suite 250, Louisville, KY 40222, has submitted Applications received for operating permits issued a Notice of Intent to Remediate site soils and groundwa- under the Air Pollution Control Act (35 P. S. ter contaminated with solvents and BTEX. The applicant §§ 4001—4015). proposes to remediate the site to meet the site-specific standard. A summary of the Notice of Intent to Remediate Regional Office: Southcentral Regional Office, Air Qual- was published April 14, 1997, in the Altoona Mirror. ity Program, One Ararat Boulevard, Harrisburg, PA 17110. Southwest Field Office: John J. Matviya, Environmental Cleanup Program Manager, 400 Waterfront Drive, Pitts- 22-322-001. The Department intends to issue an Air burgh, PA 15222-4745, telephone (412) 442-5217. Quality Operating Permit to Dauphin Meadows, Inc. (Route 209, Millersburg, PA 17061) for a landfill gas RIDC Industrial Center of McKeesport/formerly management system controlled by a flare in Upper USX National Works, City of McKeesport, Allegheny Paxton and Washington Townships, Dauphin County. County. RIDC Keystone Commons, 600 Braddock Av- enue, Turtle Creek, PA 15145 has submitted a Notice of 67-320-024. The Department intends to issue an Air Intent to Remediate soil and groundwater contaminated Quality Permit to Eisenhart Wallcoverings Company

PENNSYLVANIA BULLETIN, VOL. 27, NO. 18, MAY 3, 1997 NOTICES 2177

(P. O. Box 464, 400 Piine Street, Hanover, PA 17331-0464) Operating permits transferred under the Air Pollu- for a printing press operation in Hanover Borough, York tion Control Act (35 P. S. §§ 4001—4015) and regu- County. lations to construct, modify, reactivate and operate air contamination sources of air cleaning Applications received for operating permits issued devices. under the Air Pollution Control Act (35 P. S. §§ 4001—4015) and regulations to construct, Regional Office: Northcentral Regional Office, Bureau of modify or reactivate air contaminant sources. Air Quality, 208 West Third Street, Suite 101, Williams- port, PA 17701-6448. Regional Office: Southeast Regional Office, Bureau of Air Quality, Lee Park, Suite 6010, 555 North Lane, 19-399-013. The Department intends to issue an oper- Conshohocken, PA 19428. ating permit to Magee Rieter Automotive Systems (480 West Fifth Street, Bloomsburg, PA 17815) for the There is a 30-day comment period from this date of operation of a propane-fired carpet dryer (No. 8) previ- publication. ously owned and operated by the Magee Carpet Company The Department intends to issue an air quality operat- in the Town of Bloomsburg, Columbia County. ing permit for the air contaminant sources and associated air cleaning devices described below for the specified Notice of Intent to Issue Title V Operating Permit companies. #16-00127 Permit: 46-317-020A Under 25 Pa. Code § 127.521, the Department of Source: Dryer No.1&2 Environmental Protection (Department) intends to issue a Company: John Middleton, Inc. Title V Operating Permit to Piney Creek Limited Location: Upper Merion Partnership (Piney Creek). Piney Creek’s facility is County: Montgomery located in Piney Township, Clarion County. Piney Creek’s representative to contact concerning this applica- Permit: 46-310-018 tion is Kendall Reed, Plant Manager, at R. R. 2, Box 56, Source: Stone Crusher & Wet Suppression System Clarion, PA 16214 or at (814) 226-8001. Company: Pottstown Trap Rock Quarries, Inc. Location: Lower Pottstown Piney Creek’s facility is primarily used for the genera- County: Montgomery tion of electricity. The facility’s primary air emission sources include a fluidized bed combustion unit and coal Operating Permit applications received under the and limestone handling and conveying areas. The facility Air Pollution Control Act (35 P. S. §§ 4001—4015). is a major stationary source as defined in Title I, Part D of the Clean Air Act Amendments due to the facility’s Regional Office: Northeast Regional Office, Bureau of potential to emit of sulfur oxides, nitrogen oxides and Air Quality, 2 Public Square, Wilkes-Barre, PA 18711- carbon monoxide. The facility is therefore subject to the 0790. Title V Operating Permit requirements adopted in 25 Pa. Code Chapter 127, Subchapter G. The Department intends to issue an air quality operating permit for the air contamination sources and associ- Copies of the application, the Department’s analysis ated air cleaning devices described below for the specified and other documents used in the evaluation of the companies. application are available for public inspection during normal business hours at the Department of Environmen- Permit: 40-305-017 tal Protection, 230 Chestnut Street, Meadville, PA 16335. Source: Anthracite Crushing & Screening Company: Northampton Fuel Supply Company Any person wishing to provide the Department of Location: Hanover Township Environmental Protection with additional information County: Luzerne which they believe should be considered prior to the issuance of this permit may submit the information to the Permit: 40-312-009C Department at the address shown above. A 30-day com- Source: Truck Loading Rack ment period, from the date of this publication, will exist Company: Eldorado Properties Corporation for the submission of comments. Each written comment Location: Pittston Township must contain the following information: County: Luzerne • Name, address and telephone number of the person Permit: 40-318-046A submitting the comments. Source: Spray Paint Coat w/Panel Filters Company: Quality Collision Incorporated • Identification of the proposed permit (specify Permit Location: Dallas Township #TV 16-00127) County: Luzerne • Concise statements regarding the relevancy of the Permit: 48-313-074 information in the proposed permit or objections to Source: ACT Storage, Blending & Packing issuance of the permit. Company: Ashland Chemicals Incorporated Location: Glendon Borough A public hearing may be held, if the Department, in its County: Northampton discretion, decides that such a hearing is warranted based on the information received. All persons submitting Permit: 54-310-010A comments or requesting a hearing will be notified of the Source: Fuel Prep Plant w/Baghouses decision to hold a hearing by publication in the newspa- Company: Northeastern Power Company per or by the Pennsylvania Bulletin, or by telephone, Location: Kline Township where the Department determines such notification by County: Schuylkill telephone is sufficient. Written comments or requests for

PENNSYLVANIA BULLETIN, VOL. 27, NO. 18, MAY 3, 1997 2178 NOTICES a public hearing should be directed to Larry W. Wonders, PLAN APPROVALS Regional Air Quality Program Manager, Department of Environmental Protection, Northwest Region, 230 Chest- Applications under the Air Pollution Control Act nut Street, Meadville, PA 16335. For additional informa- (35 P. S. §§ 4001—4015) and regulations to con- tion concerning the permit or the issuance procedure, struct, modify or reactivate air contamination contact Eric A. Gustafson, Facilities Section Chief, Air sources. Quality Program, at the same address or phone at (814) 332-6940. Regional Office: Southcentral Regional Office, Air Qual- ity Program, One Ararat Boulevard, Harrisburg, PA Notice of Intent of Issue Title V Operating Permit 17110. No. 09-00016 36-316-006B. Modification of an existing woodworking operation and installation of a new fabric collector by Under 25 Pa. Code §§ 127.424 and 127.521 the Depart- Conestoga Wood Specialties Corporation (P. O. Box ment of Environmental Protection (DEP) intends to issue 158, 245 Reading Road, East Earl, PA 17519) located in a Title V Operating Permit to PECO Energy, for the East Earl Township, Lancaster County. Croydon facility. The PECO Energy Croydon Plant is located at 955 River Road, Croydon, in Bristol Township, 36-316-022E. Modification of an existing woodworking Bucks County. operation and installation of a new fabric collector by Conestoga Wood Specialties Corporation (P. O. Box The Croydon facility is primarily used for peak electri- 158, 245 Reading Road, East Earl, PA 17519) located in cal production. As a result of the potential levels of East Earl Township, Lancaster County. Nitrogen Oxides (NOx), Sulfur Oxides (SOx), Particulate Matter (PM10), and Carbon Monoxide (CO) emitted, 67-309-001E. Modification of an existing limestone Croydon is a major stationary source as defined in Title I, handling and storage system by the J. E. Baker Com- Part D of the Clean Air Act Amendments. The facility is pany (P. O. Box 1189, York, PA 17405) in West therefore subject to the Title V permitting requirements Manchester Township, York County. A bucket elevator is adopted in 25 Pa. Code Chapter 127, Subchapter G. subject to 40 CFR 60, Subpart OOO, Standards of Performance for New Stationary Sources. The proposed Title V Operating Permit does not adopt any new regulations and does not reflect any change in Plan Approval applications received under the Air air emissions from the facility. It incorporates all of the Pollution Control Act (35 P. S. §§ 4001—4015) and applicable air quality requirements for each source at the regulations to construct, modify or reactivate air existing plant into a single permit as required under Title contamination sources and associated air clean- V of the Clean Air Act Amendments of 1990. Upon final ing devices. approval, the permit will be issued for a period of 5 years. Regional Office: Northeast Regional Office, Bureau of An appointment to review the permit application and Air Quality, 2 Public Square, Wilkes-Barre, PA 18711- the draft Title V Operating Permit at the Department’s 0790. Southeast Regional Office may be scheduled by contacting the Record’s Management staff, at (610) 832-6000 be- An application for Plan Approval has been received by tween 8 a.m. and 4 p.m., Monday through Friday, except this office for the construction, modification or reactiva- holidays. tion of the air contamination sources and associated air cleaning devices described below for the specified compa- A 30-day comment period, from the date of this publica- nies. tion, will exist for the submission of comments. Each written comment must contain the following: Permit: 35-310-031A Source: Stone Crushing Plant W/Waterspray • Name, address and telephone number of the person Received: April 7, 1997 submitting the comments. Company: Scranton Material Incorporated Location: Newton Township • Identification of the proposed permit (specify permit County: Lackawanna TVOP-09-00016) • Permit: 35-318-025A Concise statements regarding the relevancy of objec- Source: Liner Plating Tanks W/Scrubber tions to issuance of the permit. Received: April 11, 1997 A public hearing may be held, if the Department of Company: Precision National Corporation Environmental Protection, in its discretion, decides that Location: South Abington Township such a hearing is warranted based on the information County: Lackawanna received. All persons submitting comments or requesting Permit: 40-313-029A a hearing will be notified on the decision to hold a Source: Polyester Recovery W/Scrubber hearing by publication in this newspaper or by the Received: April 1, 1997 Pennsylvania Bulletin, or by telephone, where the Depart- Company: Gemark Service Corporation ment of Environmental Protection determines such notifi- Location: Dupont Borough cation by telephone is sufficient. Written comments or County: Luzerne requests for a public hearing should be directed to Francine Carlini, Regional Air Quality Program Manager, Permit: 45-310-005E Department of Environmental Protection, Southeast Re- Source: Stone Crush Plant W/Watersprays gion—Field Operations, 555 North Lane, Suite 6010, Lee Received: April 14, 1997 Park, Conshohocken, PA 19428, (610) 832-6242, or Ed- Company: Locust Ridge Quarry ward J. Brown, Facilities Section Chief, Air Quality Location: Tobyhanna Township Program at the same address and phone number. County: Monroe

PENNSYLVANIA BULLETIN, VOL. 27, NO. 18, MAY 3, 1997 NOTICES 2179

Permit: 45-315-003 14-310-021. Construction of a sandstone crushing plant Source: Raw Materials Feed Sys W/Cyclone and associated air cleaning devices (a fabric collector and Received: April 1, 1997 a water spray dust suppression system) by Glenn O. Company: Rock Tenn Company Hawbaker Inc. (P. O. Box 135, State College, PA 16804) Location: Smithfield Township at the Sandy Ridge Quarry in Rush Township, Centre County: Monroe County. The equipment in this plant is subject to Subpart OOO of the Federal Standards of Performance Applications under the Air Pollution Control Act for New Stationary Sources. (35 P. S. §§ 4001—4015) and regulations to construct, modify or reactivate air contaminant 47-318-007D. Construction of three wood cabinet fin- sources or to install air cleaning devices. ishing operation dip tanks and three wood cabinet finish- ing operation wiping areas by Cabinet Industries, Inc. Regional Office: Southeast Regional Office, Bureau of (P. O. Box 259, Danville, PA 17821) in Danville Borough, Air Quality Control, Lee Park, Suite 6010, 555 North Montour County. Lane, Conshohocken, PA 19428. 55-302-013. Construction of a wood fired boiler and There is a 30-day comment period from this date of associated air cleaning device (a mechanical collector) by publication for these applications. Cherry Hill Hardwoods Inc. (R. R. 1, Box 876, Richfield, PA 17086) in West Perry Township, Snyder 15-318-010E. On January 31, 1997, an application was County. This boiler is subject to Subpart Dc of the received from Johnson Matthey, Inc., 456 Devon Park Federal Standards of Performance for New Stationary Drive, Wayne, PA 19087 for the installation of a Produc- Sources. tion Scrubber System III and IV to be located in Tredyf- frin Township, Chester County. REASONABLY AVAILABLE CONTROL TECHNOLOGY 09-302-080. On March 17, 1997, an application was received from 3M Company, P. O. Box 33331, St. Paul, (RACT) MN 55133 for the minor modification of a 6W flame treater to be located in Bristol Township, Bucks County. Applications under the Air Pollution Control Act (35 P. S. §§ 4001—4015) and regulations for an 46-327-015A. On March 28, 1997, an application was operating permit to comply with 25 Pa. Code received from Micro Coax Components, Inc.,P.O.Box § 129.91 for Reasonable Available Control Tech- 993, Collegeville, PA 19426 for the modification of a cold nology (RACT). degreaser to be located in Trappe Borough, Montgomery County. Regional Office: Southeast Regional Office, Bureau of 46-301-259A. On March 31, 1997, an application was Air Quality Control, Lee Park, Suite 6010, 555 North received from East Norriton-Plymouth-Whitpain JSA, Lane, Conshohocken, PA 19428. 200 Ross Street, Norristown, PA 19401 for the installation There is a 30-day comment period from this date of of an air cleaning device to be located in Plymouth publication. Township, Montgomery County. PA-46-0005A. On April 2, 1997, an application was 46-399-113. On April 2, 1997, an application was re- received from Merck & Co., Inc., P. O. Box 4, WP20-208, ceived from Ford Electronics & Refrigeration Corp., West Point, PA 19486 for the approval of a Fluid Bed 2750 Morris Road, Lansdale, PA 19446 for the construc- Granulator-Dryer Column located in Upper Gwynedd tion of two selective soldering machines to be located in Township, Montgomery County. Worcester Township, Montgomery County. 23-312-185. On April 10, 1997, an application was MINING received from Tosco Refining Company, P. O. Box 428, CONDUCT COAL AND NONCOAL ACTIVITIES Marcus Hook, PA 19061 for the minor modification of a butane railcar loading rack to be located in Trainer MINING ACTIVITY APPLICATIONS Borough, Delaware County. Applications under the Surface Mining Conservation 46-329-015. On April 14, 1997, an application was and Reclamation Act (52 P. S. §§ 1396.1—1396.19a); the received from Hale Products, Inc., 700 Spring Mill Noncoal Surface Mining Conservation and Reclamation Avenue, Conshohocken, PA 19428 for the construction of Act (52 P. S. §§ 3301—3326); The Clean Streams Law (35 two pump test engines (D1 & R&D) to be located in P. S. §§ 691.1—691.1001); the Coal Refuse Disposal Con- Conshohocken Borough, Montgomery County. trol Act (52 P. S. §§ 30.51—30.66); The Bituminous Mine Subsidence and Land Conservation Act (52 P. S. Regional Office: Northcentral Regional Office, Bureau of §§ 1406.1—1406.21). Mining activity permits issued in Air Quality, 208 West Third Street, Suite 101, Williams- response to such applications will also address the appli- port, PA 17701-6448. cable permitting requirements of the following statutes: 19-322-002A. Construction of a stone crushing plant the Air Pollution Control Act (35 P. S. §§ 4001—4015); and associated air cleaning device (a water spray dust the Dam Safety and Encroachments Act (32 P. S. suppression system) by White Pines Corporation (R. R. §§ 693.1—693.27) and the Solid Waste Management Act 1, Box 69, Millville, PA 17846) at the White Pines Landfill (35 P. S. §§ 6018.101—6018.1003). in Pine Township, Columbia County. The equipment in The following permit applications to conduct mining this plant is subject to Subpart OOO of the Federal activities have been received by the Department of Envi- Standards of Performance for New Stationary Sources. ronmental Protection. A copy of the application is avail- 8-313-038F. Construction of a tungsten scrap impactor able for inspection at the District mining office indicated system and associated air cleaning devices (a cartridge above each application. Where a 401 water quality certifi- collector and an absolute filter) by Osram Sylvania, Inc. cation is needed for any aspect of a particular proposed (Box 504, Towanda, PA 18848-0504) in Towanda Borough, mining activity, the submittal of the permit application Bradford County. will serve as the request for such certification.

PENNSYLVANIA BULLETIN, VOL. 27, NO. 18, MAY 3, 1997 2180 NOTICES

Written comments or objections, or requests for infor- 32970105. T.L.H. Coal Company (R. D. 1, Box 170, mal conferences on applications, may be submitted by any Rochester Mills, PA 15771), commencement, operation person or any officer or head of any Federal, State or and restoration of bituminous strip mine in Grant Town- local government agency or authority to the Department ship, Indiana County, affecting 62.0 acres, receiving at the same address within 30 days of this publication, or stream unnamed tributaries to East Run—East Run, within 30 days after the last publication of the applicant’s application received April 15, 1997. newspaper advertisement, as provided by 25 Pa. Code 32970106. GLR Mining, Inc. (P. O. Box 105, Clymer, §§ 77.121—77.123 and 86.31—86.34 (relating to public PA 15728), commencement, operation and restoration of notices of filing of permit applications, opportunity for bituminous strip-auger mine in Pine Township, Indiana comment, and informal conferences). County, affecting 92.5 acres, receiving stream unnamed Where any of the mining activities listed below will tributaries of Leonard Run to Leonard Run to Yellow have discharges of wastewater to streams, the Depart- Creek to Two Lick Creek to Conemaugh River, application ment will incorporate NPDES permits into the mining received April 17, 1997. activity permits issued in response to these applications. Greensburg District Office, R. D. 2, Box 603-C, Such NPDES permits will contain, at a minimum, Greensburg, PA 15601. technology-based effluent limitations (as described in the Department’s regulations—25 Pa. Code §§ 77.522, 87.102, 03970103. Marquise Mining Corporation (3889 88.92, 88.187, 88.242, 89.52 and 90.102) for iron, manga- Menoher Boulevard, Johnstown, PA 15905). Application nese, suspended solids, settleable solids, alkalinity and received for commencement, operation and reclamation of pH. In addition to the above, more restrictive effluent a bituminous surface mine located in Kiskiminetas Town- limitations, restrictions on discharge volume or restric- ship, Armstrong County, proposed to affect 184.0 acres. tions on the extent of mining which may occur will be Receiving streams unnamed tributary to Long Run to incorporated into a mining activity permit when neces- Kiskiminetas River; unnamed tributaries to Sulphur Run sary for compliance with water quality standards (in to Kiskiminetas River; unnamed tributary to accordance with 25 Pa. Code Chs. 93 and 95). Persons or Kiskiminetas River to Kiskiminetas River. Application agencies which have requested review of the NPDES received April 2, 1997. permit requirements for a particular mining activity 03910104. Big Mack Leasing Co., Inc. (R. D. 6, Box within the above-mentioned public comment period will 231, Kittanning, PA 16201). Application received for be provided with a 30-day period to review and submit transfer of permit from General Mining, Inc., for an comments on those requirements. existing bituminous surface auger mine located in Written comments or objections should contain the Plumcreek Township, Armstrong County, affecting 59.0 name, address and telephone number of persons submit- acres. Receiving streams two unnamed tributaries to ting comments or objections; application number; and a Cherry Run. Transfer application received April 3, 1997. statement of sufficient detail to inform the Department Hawk Run District Office, P. O. Box 209, Hawk Run, PA on the basis of comment or objection and relevant facts 16840. upon which it is based. Requests for an informal conference must contain the name, address and telephone 17860142. Clair C. McGovern Coal Co. (Karthaus, number of requestor; application number; a brief sum- PA 16845), renewal of an existing bituminous surface mary of the issues to be raised by the requestor at the mine permit in Karthaus Township, Clearfield County conference; and a statement whether the requestor de- affecting 112 acres, receiving streams unnamed tributar- sires to have the conference conducted in the locality of ies of Salt Lick Run to Salt Lick Run, Salt Lick Run to the proposed mining activities. west branch Susquehanna River; and unnamed tributaries of Dutch Hollow Run to Dutch Hollow Run; Dutch Ebensburg District Office, 437 South Center Street, P. O. Hollow Run to Mosquito Creek, Mosquito Creek to west Box 625, Ebensburg, PA 15931-0625. branch Susquehanna River, application received April 11, Coal Applications Received: 1997. 56870103. Permit Renewal, PBS Coals, Inc. (P. O. McMurray District Office, 3913 Washington Rd., Box 260, Friedens, PA 15541), commencement, operation McMurray, PA 15317. and restoration of bituminous strip mine in Brothersval- ley and Somerset Townships, Somerset County, affect- 30841313. Consolidation Coal Company (P. O. Box ing 228.0 acres, receiving stream discharge to unnamed 100, Osage, WV 26543), to revise the permit for the tributaries to Kimberly Run to Coxes Creek; and un- Dilworth bituminous deep mine in Jefferson Township, named tributaries to Glades Creek; and unnamed tribu- Greene County to add No. 9 shaft-pump and injection tary to Millers Run to Stony Creek, application received borehole system, no additional discharge. Application April 11, 1997. received March 24, 1997. 11850109. Permit Renewal, M. B. Energy, Inc. (250 32951301. CRG Group (P. O. Box 386, Youngstown, Airport Road, P. O. Box 1319, Indiana, PA 15701-1319), PA 15696), to transfer the permit for the Burrell bitumi- commencement, operation and restoration of bituminous nous deep mine in Burrell Township, Indiana County strip mine in Adams Township, Cambria County, affect- from Marquise Mining Corporation and revise the surface ing 206.6 acres, receiving stream discharge to Paint facilities, no additional discharge. Application received Creek and Sulphur Creek, application received April 15, March 27, 1997. 1997. 32871301. Florence Mining Company (P. O. Box 51, 32970902. Mears Enterprises, Inc. (P. O. Box 157, New Florence, PA 15944), to revise the permit for the Clymer, PA 15728), commencement, operation and resto- Heshbon bituminous deep mine in West Wheatfield Town- ration of bituminous strip mine in Rayne Township, ship, Indiana County for post-mining land use change Indiana County, affecting 5.3 acres, receiving stream to allow access road and sediment pond to remain, no unnamed tributary to Rayne Run to Rayne Run to additional discharge. Application received April 4, 1997. Crooked Creek to Allegheny River, application received Pottsville District Office, 5 West Laurel Boulevard, April 14, 1997. Pottsville, PA 17901-2454.

PENNSYLVANIA BULLETIN, VOL. 27, NO. 18, MAY 3, 1997 NOTICES 2181

54860105R2. Kuperavage Enterprises, Inc. (P. O. Permit No. E35-280. Encroachment. Clarks Summit Box 99, Middleport, PA 17953), renewal of an existing Borough, 304 South State Street, Clarks Summit, PA anthracite surface mine operation in Blythe Township, 18411. To remove the existing structure and to construct Schuylkill County affecting 273.8 acres, receiving and maintain a 218 foot long, 64 inch by 43 inch stream east branch Schuylkill River. Application received corrugated aluminized steel pipe arch stream enclosure in April 9, 1997. a tributary to Ackerly Creek (Tributary B) (TSF). The project includes approximately 32 linear feet of concrete 54970101. J. C. Coal Inc. (P. O. Box 161, Minersville, U channel and 150 linear feet of R5 riprap channel lining PA 17954), commencement, operation and restoration of upstream and downstream of the project site. The project an anthracite surface mine operation in Schuylkill Town- is located at the intersection of Center Street and Tribu- ship, Schuylkill County, affecting 632 acres, receiving tary B (Scranton, PA Quadrangle N: 20.9 inches; W: 11.4 stream Schuylkill River to Delaware River. Application received March 27, 1997. inches) in Clarks Summit Borough, Lackwanna County (Baltimore, Army Corps of Engineers). Hawk Run District Office, P. O. Box 209, Hawk Run, PA Permit No. E40-464. Encroachment. Borough of 16840. Shickshinny, 35 West Union Street, Shickshinny, PA Large Industrial Mineral Applications Received: 18655. To construct and maintain a stream improvement project in and along a 400-foot reach of Shickshinny 4474SM14. New Enterprise Stone & Lime Co., Inc. Creek (CWF), consisting of a trapezoidal 24-inch grouted (P. O. Box 77, Church Street, New Enterprise, PA 16664), riprap-lined channel, an earthen levee along the left bank transfer of an existing large noncoal surface mine permit and a concrete flood wall along the right bank. The from I. A. Construction Corporation, Bradford Township, purpose of the project is to reduce the frequency of Clearfield County. This application includes a request flooding in the vicinity of this channel section. The project for an incidental boundary correction of 17.5 acres, receiv- is located immediately downstream of the S. R. 0011 ing streams unnamed tributary to Moravian Run, applica- bridge, along East Vine Street (Shickshinny, PA Quad- tion received April 14, 1997. rangle N: 4.9 inches; W: 3.4 inches), in the Borough of 08970301. P & P Gravel (R. R. 1, Box 228, Monroeton, Shickshinny, Luzerne County (Baltimore District, Army PA 18831), commencement, operation and restoration of a Corps of Engineers). Large Industrial Mineral (Sand and Gravel) Permit in Permit No. E40-465. Encroachment. Luzerne Franklin Township, Bradford County affecting 15.1 County Commissioners, Luzerne County Courthouse, acres, received streams Towanda Creek, application re- 200 North River Street, Wilkes-Barre, PA 18711-1001. To ceived April 17, 1997. remove the existing structure and to construct and main- APPLICATIONS RECEIVED UNDER SECTION 401: tain a road crossing of East Fork Harveys Creek (CWF), FEDERAL WATER POLLUTION CONTROL ACT consisting of a single-span precast concrete slab bridge, having a span of approximately 14 feet and an ENCROACHMENTS underclearance of approximately 6 feet. The road crossing The following Dam Safety and Encroachment permit (known as County Culvert #26108) is located on T-605, applications, requests for Environmental Assessment ap- approximately 1 mile north of the intersection of S. R. proval, and requests for water quality certification have 0029 and S. R. 1012 (Harveys Lake, PA Quadrangle N: been received by the Department of Environmental Pro- 3.1 inches; W: 0.3 inch), in Jackson Township, Luzerne tection. Section 401(a) of the Federal Water Pollution County (Baltimore District, Army Corps of Engineers). Control Act (33 U.S.C.A. § 1341(a)) requires the State to Permit No. E45-323. Encroachment. Tobyhanna certify that the involved projects will not violate the Township, P. O. Box 880, Pocono Pines, PA 18350. To applicable provisions of 33 U.S.C.A. §§ 1311—1313, 1316 place and maintain approximately 2,200 L. F. of sanitary and 1317, as well as relevant State requirements. Initial sewer line in PEM, SS, FO wetlands in addition to 9 requests for 401 certification will be published concur- sanitary sewer line stream crossings of 4 tributaries to rently with the permit application. Persons objecting to Tobyhanna Creek, all of which are classified as HQ-CWF. approval of a request for certification under section 401 or This work is associated with the Township’s proposed to the issuance of a Dam Safety or Encroachment Permit sewage collection system and treatment plant to serve the or the approval of Environmental Assessments must Borough of Blakeslee and surrounding communities. The submit any comments, suggestions or objections within 30 project is located near Blaskeslee Corners, at the intersec- days of the date of this notice as well as any questions to tion of S. R. 0115 and S. R. 0940 (Blakeslee, PA Quad- the office noted above the application. rangle N: 17.7 inches; W: 11.0 inches) in Tobyhanna Township, Monroe County (Philadelphia District, Army Persons with a disability who wish to attend the Corps of Engineers). hearing and require an auxiliary aid, service or other accommodation to participate in the proceedings, should Permit No. E45-324. Encroachment. Pennsylvania contact the specified program. TDD users may contact the Department of Transportation, Engineering District Department through the Pennsylvania AT&T Relay Ser- 5-0, 1713 Lehigh Street, Allentown, PA 18103-4727. To vice at (800) 654-5984. modify and maintain an existing 245 L. F. concrete, open-bottom arch stream enclosure in Forest Hills Run Applications received under the Dam Safety and (HQCWF) by pouring a concrete channel along the stream Encroachments Act (32 P. S. §§ 693.1—693.27) and bed to interlock with the abutments. The purpose of the section 302 of the Flood Plain Management Act project is to prevent further scour of the stream channel (32 P. S. § 679.302) and requests for certification and abutments to preserve the structural integrity of the under section 401 of the Federal Water Pollution stream enclosure. The project is located along S. R. 0611, Control Act. Section 07M, approximately 0.9 mile south of its intersection with S. R. 0940 (Mount Pocono, PA Quadrangle N: Northeast Regional Office: Regional Soils and Water- 21.0 inches; W: 13.8 inches) in the Borough of Mount ways Section, 2 Public Square, Wilkes-Barre, PA 18711- Pocono, Monroe County (Philadelphia District, Army 0790, telephone (717) 826-5485. Corps of Engineers).

PENNSYLVANIA BULLETIN, VOL. 27, NO. 18, MAY 3, 1997 2182 NOTICES

Permit No. E45-325. Encroachment. Pocono Prop- E46-767. Encroachment. Joseph M. and Elizabeth J. erty Finders, Inc., R. R. 5, Box 5234, East Stroudsburg, Flynn, 654 Lime House Road, Radnor, PA 19087. To PA 18301. To place fill in a de minimus area of PEM, FO remove an existing roadway culvert consisting of three wetlands, less than or equal to 0.05 acre for the purpose 48-inch RCP culverts and to construct and maintain a of constructing a gravel driveway and lawn area for a twin 7-foot by 5.5-foot concrete box culvert immediately proposed single family dwelling on Lot 57, Section 1 of upstream of the original culvert. The replacement culvert Lake of the Pines Residential Subdivision. The project is will be located in and along Frog Run and to modify the located approximately 1 mile southwest of the intersec- stream channel 292 feet upstream and 50 feet down- tion of S. R. 1016 and S. R. 0209 (Bushkill, PA-NJ stream of the proposed culvert. This site is located at the Quadrangle N: 13.1 inches; W: 6.1 inches) in Middle western end of King Manor Boulevard, approximately 600 Smithfield Township, Monroe County (Philadelphia Dis- feet north from the intersection of Henderson and Gulph trict, Army Corps of Engineers). Roads (Norristown, PA Quadrangle N: 16.2 inches; W: 14.0 inches) in Upper Merion Township, Montgomery Permit No. E48-254. Encroachment. Valley Housing County. Development Corporation, 333 Ridge Street, Emmaus, PA 18049. To construct and maintain a 42 inch diameter E46-770. Encroachment. Hatfield Township, 1950 R.C.P. stormwater outfall structure along the right bank School Road, Hatfield, PA 19440. To reconstruct and of Saucon Creek (CWF). The project known as the maintain Line Lexington Road Bridge over Unionville Hellertown Elderly Housing Storm Sewer Improvement Tributary of the west branch of Neshaminy Creek. The Plan, is located approximately 0.2 miles northwest of the proposed work will include replacing an existing deterio- intersection of S. R. 0412 and S. R. 3004 (Hellertown, PA rated single span bridge with a new single span bridge. Quadrangle N: 14.8 inches; W: 13.1 inches) in Borough of The proposed bridge, consisting of a composite pre- Hellertown, Northampton County (Philadelphia Dis- stressed concrete adjacent box beams with reinforced trict, Army Corps of Engineers). concrete slab superstructure, will rest on new reinforced concrete abutments with appurtenant wingwalls. The Permit No. E54-232. Encroachment. Mostasa Mon- 40-foot clear span bridge, will have a 30-foot roadway tasser, P. O. Box 40, Andreas, PA 18211. To maintain width with a 5-foot wide sidewalk, and have 4.7 feet of twin 48-inch PVC culverts in the channel of a Tributary minimum underclearance. The proposed work also in- to Lizard Creek (TSF) to provide sole access to a private cludes relocation of two existing 8-inch diameter utility residence and farm land. This project is located along line stream crossings adjacent to the bridge, and placing Pine Hill Road (T-995) approximately 1 mile east of S. R. rip-rap stone protection along new abutments and wing 0309 (New Tripoli, PA Quadrangle N: 20.5 inches; W: 15.5 walls. This bridge is located approximately a half mile inches) in West Penn Township, Schuylkill County southwest of the intersection of County Line Road (S. R. (Philadelphia District, Army Corps of Engineers). 309) and Line Lexington Road (Telford, PA Quadrangle N: Permit No. E66-112. Encroachment. Preston D. 5.17 inches; W: 2.8 inches) in Hatfield Township, Mont- Funk, R. R. 2, Box 181 F, Mehoopany, PA 18629. To gomery County. construct and maintain a private foot bridge across White Northwest Regional Office, Soils and Waterways Sec- Brook (HQ-CWF), having a single span of 26.0 feet, and tion, 230 Chestnut Street, Meadville, PA 16335-3481, underclearance of approximately 4.5 feet. The project is telephone (814) 332-6942. located approximately 200 feet upstream from S. R. 3001 E20-444. Encroachment. Pennsylvania Department (Dutch Mountain, PA Quadrangle N: 22.5 inches; W: 1.0 of Transportation, Engineering District 1-0, 1140 Lib- inches) in Forkston Township, Wyoming County (Balti- erty Street, Franklin, PA 16323-1289. To remove the more District, Army Corps of Engineers). existing steel stringer bridge and to construct and main- Southeast Regional Office: Program Manager, Water tain a reinforced concrete box culvert with dimensions of Management Program, Lee Park, Suite 6010, 555 North 10 feet wide by 8 feet high on a 90 degree skew across Lane, Conshohocken, PA 19428. Kennedy Run (CWF). The project is located on S. R. 1010 across Kennedy Run approximately 1 mile east of the E09-744. Encroachment. Paunacussing Founders, intersection of S. R. 1010 and S. R. 0077. This project will Inc., 77 North Broad Street, Doylestown, PA 18901. To also include placement of the box culvert approximately construct and maintain a 405 linear foot of a golf 10 inches below the streambed elevation (Townville, PA cart/equipment pile supported bridge in and along the Quadrangle N: 12.35 inches; W: 15.7 inches) located in 100-year floodway of Mill Creek (TSF) and adjacent Richmond Township, Crawford County. wetland (PFO) and to reconfigure an existing 0.50 acre farm pond during the construction of the proposed E24-191A. Encroachment. Elk County Conservation Lookaway Golf Club. The project proposes impact to 0.27 District, County Courthouse, P. O. Box 448, Ridgway, PA acre of wetland, 937 linear feet of watercourse, and 0.50 15853. To amend Permit No. E24-191 to include the acre of an existing body of water (POW). The site is authorization to place limestone sand periodically in the located on 220 acres of land on both sides of Lower channels of the following streams in Jones Township, Elk Mountain Road (Buckingham, PA Quadrangle N: 9.5 County to neutralize acidity in: inches; W: 7.0 inches) in Buckingham Township, Bucks 1. A tributary to East Branch Lake at three locations: County. a. (Glen Hazel, PA Quadrangle N: 19.2 inches; W: 8.9 inches) E09-747. Encroachment. Bristol Borough, 250 Pond b. (Glen Hazel, PA Quadrangle N: 19.2 inches; W: 9.1 Street, Bristol, PA 19007. To restore a lagoon which will inches) connect to the existing Delaware Canal. Work will include c. (Glen Hazel, PA Quadrangle N: 20.0 inches; W: 10.1 grading and the construction of reinforced concrete retain- inches) ing walls. The site is located at the former Grundy Park just east of the intersection of the Delaware Canal and 2. Bogardy Run (Glen Hazel, PA Quadrangle N: 17.2 Jefferson Avenue (Bristol, PA-NJ USGS Quadrangle N: inches; W: 10.4 inches) 19.2 inches; W: 14.2 inches) in Bristol Borough, Bucks 3. Straight Creek (Wildwood Firetower, PA Quadrangle County. N: 17.8 inches; W: 15.1 inches)

PENNSYLVANIA BULLETIN, VOL. 27, NO. 18, MAY 3, 1997 NOTICES 2183

4. Lakes Run (Glen Hazel, PA Quadrangle N: 20.3 diameter CMP pipe along with a new gabion basket inches; W: 5.4 inches) headwall and outlet rock protection in Wallace Run on SR 5. Whittaker Hollow (Glen Hazel, PA Quadrangle N: 4007 about 1.75 miles north of the Rt. 6 intersection with 17.6 inches; W: 6.8 inches) SR 4007 (Ulster, PA Quadrangle N: 9.8 inches; W: 13.7 inches) in Burlington Township, Bradford County. Esti- 6. Tributary to East Branch Lake, locally known as mated stream disturbance is 25 feet with no wetland Igotta Run (Glen Hazel, PA Quadrangle N: 16.5 inches; impact; stream classification in Warm Water Fisheries. W: 9.0 inches) E14-306. Encroachment. Diversified Realty, Inc., c/o E33-179. Encroachment. Municipal Authority of the Gregory C. Spotts, 1522 Woodledge Circle, State College, Borough of Punxsutawney, 301 East Mahoning Street, PA 16830. To construct, operate and maintain a relocated Punxsutawney, PA 15767. To place and maintain a 36- channel of an unnamed tributary to Big Hollow for the inch stormwater outfall and headwall structure into construction of an industrial development. The proposed Mahoning Creek (WWF) within the Army Corps of Engi- work shall consist of relocating 720.0 linear feet of the neers operated Local Flood Control Project. This outfall is stream. The project is located along southern right-of-way associated with the Downtown stormwater project. This of SR 0322 approximately 500 feet northeast of the project is located in the Borough of Punxsutawney on the intersection of Valley Vista Drive and North Atherton St. north streambank approximately 2,000 feet upstream (Julian, PA Quadrangle N: 11.8 inches; W: 5.7 inches) in from the S. R. 0119 bridge across Mahoning Creek (Punxsu- Patton Township, Centre County. Estimated stream tawney, PA Quadrangle N: 12.0 inches; W: 12.9 inches) disturbance is 720 linear feet with no wetland impact; located in Borough of Punxsutawney, Jefferson County. stream classification is CWF. E33-180. Encroachment. Municipal Authority of the E41-400. Encroachment. Clifford C. Harris,R.R.1, Borough of Punxsutawney, 301 East Mahoning Street, Box 412, Montoursville, PA 17754. To construct and Punxsutawney, PA 15767. To place and maintain an maintain a double I-beam, wood plank footbridge with a 18-inch stormwater outfall and headwall structure into 30-foot span × 4-foot wide at a 90 degree skew over Wallis Mahoning Creek (WWF) within the Army Corps of Engi- Run on private property adjacent to the Texaco Pipeline neers operated Local Flood Control Project. This outfall is crossing on SR 1003 (Bodines, PA Quadrangle N: 5.0 associated with the Long Alley/North Sycamore storm inches; W: 3.6 inches) in Gamble Township, Lycoming water project. This project is located within the Borough County. Estimated stream disturbance is 6 feet of water- of Punxsutawney on the north streambank approximately way with no wetland impact; stream classification is 1,600 feet upstream of the S. R. 0436 Bridge across HQ-CWF. Mahoning Creek (Punxsutawney, PA Quadrangle N: 12.0 inches; W: 15.5 inches) located in the Borough of E55-144. Encroachment. Susquehanna University, Punxsutawney, Jefferson County. P. O. Box DD, 514 University Ave., Selinsgrove, PA 17870- E42-241A. Encroachment. Elk County Conservation 1075. To construct and maintain a 30 LF-21 foot 6 inch × District, County Courthouse, P. O. Box 448, Ridgway, PA 7 feet 9 inch plate steel arch culvert with riprap stone 15853. To amend Permit No. E42-241 to include the outfall, 36 1/4 inch × 22 1/2 inch CMP arch culvert, a authorization to place limestone sand periodically in the proposed culvert bridge with a span of 21 feet 6 inch and channel of the following stream in Sergeant Township, an underclearance of 7 foot 9 inch, a 32 inch high slip McKean County to neutralize acidity in: form concrete floodwall and the placement of fill in the floodway for site access road ramps. The proposed facil- 1. East Branch Clarion River (Hazel Hurst, PA Quad- ities will be located in or adjacent to the South Tributary rangle N: 3.6 inches; W: 4.2 inches) to Penns Creek at Susquehanna University on the north 2. Buck Run (Hazel Hurst, PA Quadrangle N: 4.3 side of Sassafras St. approximately 0.5 mile west of inches; W: 1.2 inches) Market St. (Freeburg/Sunbury, PA Quadrangle N: 18.4 inches; W: 16.7 inches) in the Borough of Selinsgrove, 3. Sevenmile Run (Hazel Hurst, PA Quadrangle N: 1.1 Snyder County. Estimated stream disturbance is 3,000 inches; W: 10.3 inches) feet of waterway with no wetland impacts; stream classi- 4. Smith Run at two locations (Hazel Hurst, PA Quad- fication is Cold Water Fisheries. rangle N: 5.6 inches; W: 7.9 inches) and (Hazel Hurst, PA Quadrangle N: 6.6 inches; W: 7.4 inches) E59-339. Encroachment. Pa. Dept. of Transporta- tion, 715 Jordan Ave., Montoursville, PA 17754. To 5. County Line Run at two locations (Hazel Hurst, PA remove the existing structure and to construct and main- Quadrangle N: 0.9 inch; W: 1.5 inches) and (Crosby, PA tain a single span prestressed concrete box beam bridge Quadrangle N: 3.0 inches; W: 15.1 inches) with a normal span of 40 feet and average underclearance 6. Doe Run (Hazel Hurst, PA Quadrangle N: 3.0 inches; of 7.5 feet over Asaph Run on Left Asaph Run Road just W: 0.2 inch) west of the intersection with Right Asaph Road (Asaph, PA Quadrangle N: 7.23 inches; W: 9.68 inches) in Shippen 7. Gum Boot Run at two locations (Hazel Hurst, PA Township, Tioga County. Estimated stream disturbance Quadrangle N: 6.0 inches; W: 0.2 inches) and (Hazel is less than 250 feet; stream classification is HQ-CWF. Hurst, PA Quadrangle N: 7.0 inches; W: 0.1 inch) DAM SAFETY 8. Martin Run (Hazel Hurst, PA Quadrangle N: 10.0 inches; W: 3.45 inches) The following Dam Safety and Encroachment permit applications, requests for Environmental Assessment ap- Northcentral Region: Water Management, Soils and proval and requests for water quality certification have Waterways Section, F. Alan Sever, Chief, 208 West Third been received by the Department of Environmental Pro- St., Suite 101, Williamsport, PA 17701. tection. Section 401(a) of the Federal Water Pollution E08-314. Encroachment. Pennsylvania Department Control Act (33 U.S.C.A. § 1341(a)) requires the State to of Transportation, 715 Jordan Ave., Montoursville, PA certify that the involved projects will not violate the 17754. To remove the existing structure and to construct applicable provisions of 33 U.S.C.A. §§ 1311—1313, 1316 and maintain a 10-foot long outlet section of 72 inch and 1317, as well as relevant State requirements. Initial

PENNSYLVANIA BULLETIN, VOL. 27, NO. 18, MAY 3, 1997 2184 NOTICES requests for 401 certification will be published concur- WATER QUALITY CERTIFICATION rently with the permit application. Persons objecting to approval of a request for certification under section 401 or Initial Notice of Request for Certification under to the issuance of a Dam Safety or Encroachment Permit Section 401 of the Federal Water Pollution Con- or the approval of Environmental Assessments must trol Act submit any comments, suggestions or objections within 30 days of the date of this notice as well as any questions to The following requests have been made to the Depart- the office noted above the application. ment of Environmental Protection for certification under section 401(a) of the Federal Clean Water Act (33 Persons with a disability who wish to attend the U.S.C.A. § 1341(a)), that the construction and operation hearing and require an auxiliary aid, service or other herein described will comply with the applicable provi- accommodation to participate in the proceedings, should sions of sections 301—303, 306 and 307 of that act, and contact the specified program. TDD users may contact the that the construction will not violate applicable Federal Department through the Pennsylvania AT&T Relay Ser- and State water quality standards. vice at (800) 654-5984. Prior to final approval of the proposed certification, Applications received under the Dam Safety and consideration will be given to any comments, suggestions Encroachments Act (32 P. S. §§ 693.1—693.27) and or objections which are submitted in writing within 30 section 302 of the Flood Plain Management Act days of the date of this notice. Comments should be (32 P. S. § 679.302) and requests for certification submitted to the Department of Environmental Protection under section 401 of the Federal Water Pollution at the address indicated above each of the following Control Act. requests for certification. Comments should contain the name, address and telephone number of the person Bureau of Waterways Engineering, 400 Market Street, commenting, identification of the certification request to 6th Floor, P. O. Box 8554, Harrisburg, PA 17105-8554, which the comments are addressed, and a concise state- telephone (717) 787-8568. ment of comments, objections or suggestions in sufficient D37-057A. Dam. Pennsylvania Turnpike Commis- detail to inform the Department of the exact basis of the sion (P. O. Box 67676, Harrisburg, PA 17106-7676). To proposal and the relevant facts upon which it is based. modify, operate and maintain stormwater detention Basin The Department may conduct a fact-finding hearing or an No. 3 located in a tributary to Wampum Run and along informal conference in response to any given comments if the Beaver Valley Expressway in New Beaver Borough, deemed necessary to resolve conflicts. Each individual Lawrence County. This project involves the modifica- will be notified in writing of the time and place of any tion of the outlet structures and will not involve earth scheduled hearing or conference concerning the certifica- disturbing activities. tion request to which the protest relates. Maps, drawings and other data pertinent to the certification request are D37-058A. Dam. Pennsylvania Turnpike Commis- available for inspection and review at the address indi- sion (P. O. Box 67676, Harrisburg, PA 17106-7676). To cated above each request for certification between the modify, operate and maintain stormwater detention Basin hours of 8 a.m. and 4 p.m. on each working day. No. 4 located in a tributary to Eckles Run and along the Beaver Valley Expressway in New Beaver Borough, Regional Office: David E. Milhous, P. E., Water Manage- Lawrence County. This project involves the modifica- ment Program Manager, Northwest Regional Office, 230 tion of the outlet structures and will not involve earth Chestnut Street, Meadville, PA 16335-3481. disturbing activities. Certification Request Initiated by: John L. Baker, P. E., D37-059A. Dam. Pennsylvania Turnpike Commis- District Engineer, Engineering District 1-0, Department sion (P. O. Box 67676, Harrisburg, PA 17106-7676). To of Transportation, 1140 Liberty Street, Franklin, PA modify, operate and maintain stormwater detention Basin 16323. No. 8 located in a tributary to Eckles Run and along the Beaver Valley Expressway in New Beaver Borough, Location: City of Erie and Harborcreek Township, Erie Lawrence County. This project involves the modifica- County. tion of the outlet structures and will not involve earth Project Description: To construct approximately 6.1 disturbing activities. miles of new, 4-lane, controlled access highway connecting ENVIRONMENTAL ASSESSMENT the eastern terminus of the existing Bayfront Parkway to Interstate 90 at its interchange with Station Road. The Requests for Environmental Assessment approval project will impact the followiing streams: Fourmile under 25 Pa. Code § 105.15 and requests for Creek (WWF, MF), McDaniel Run (WWF, MF), Cemetery certification under section 401 of the Federal Run (WWF, MF), Garrison Run (WWF, MF), two un- Water Pollution Control Act. named tributaries to Fourmile Run (WWF, MF), four unnamed tributaries to McDaniel Run (WWF, MF), and Northwest Regional Office: Soils and Waterways Sec- one unnamed tributary to Fivemile Creek (CWF, MF). In tion, 230 Chestnut Street, Meadville, PA 16335-3481, addition, a total of 3.8 acres of wetland are proposed to be telephone (814) 332-6942. impacted (0.7 acre PEM, 0.3 acre PSS, 2.6 acres PFO, and EA20-003NW. Environmental Assessment. PA Depart- 0.2 acre PFO in the Coastal Zone of Lake Erie). Stream ment of Transportation, District 1-0, 1140 Liberty and wetland mitigation will be required. Street, Franklin, PA 16323. To remove the existing Atlan- WATER ALLOCATIONS tic Truss, a steel truss bridge including super structure, piers and abutments on S. R. 3013 Section B03 across Applications received under the act of June 24, McMillen Hollow approximately 0.25 mile south of S. R. 1939 (P. L. 842, No. 365) (35 P. S. §§ 631—641) 3006 (Atlantic Road) at the Village of Atlantic (Conneaut relating to the acquisition of rights to divert Lake, PA Quadrangle N: 0.15 inch; W: 12.05 inches) waters of the Commonwealth. located in East Fallowfield Township, Crawford County.

PENNSYLVANIA BULLETIN, VOL. 27, NO. 18, MAY 3, 1997 NOTICES 2185

Northwest Regional Office: Regional Program Manager, NPDES No. PA 0111112-A1. Sewage. H. H. Knoebel Water Supply Management, 230 Chestnut Street, Sons, Inc., R. D. 1, Elysburg, PA 17824. Applicant was Meadville, PA 16335-3481, telephone (814) 332-6899. granted a permit amendment to change the compliance date from April 1, 1997 to July 1, 1997 to provide WA 43 1002. Subsidiary Water Allocation. 322/ effective dechlorination facilities at the treatment plant Reynolds Company, LTD., 4090 Greenwood Oval, North serving the amusement park. This is an existing dis- Royalton, OH 44133 requests the right to continue to charge of 0.10 mgd to south branch of Roaring Creek. purchase 30,000 gpd from Reynolds Water Company to supply service to the existing Reynolds Mobile Home Park Permit No. NPDES PA0112534-A1, Amendment. located in Pymatuning Township, Mercer County. Sewerage. Keo Homes Inc., R. D. 4, Box 29, Selinsgrove, PA 17870. Transfer was granted to the above permittee to serve facility located in Delaware Township, Northum- ACTIONS berland County. FINAL ACTIONS TAKEN UNDER THE Permit No. NPDES PA0114464. Industrial waste. Equimeter Incorporated, P. O. Box 528, DuBois, PA PENNSYLVANIA CLEAN STREAMS 15801. Applicant was granted renewal of the NPDES LAW AND THE FEDERAL CLEAN permit for discharge of treated scrubbed water, facility WATER ACT located in City of Dubois, Clearfield County. Permit No. NPDES PA0008451, Amendment No. [National Pollution Discharge Elimination System 1. Industrial waste. Pennsylvania Power and Light Program (NPDES)] Company, Two North Ninth Street, Allentown, PA 18101-1179. Permittee has been authorized to discharge DISCHARGE OF CONTROLLED INDUSTRIAL from a facility located at Sunbury Steam Electric Station, WASTE AND SEWERAGE WASTEWATER Shamokin Dam Borough, Snyder County. (Part I Permits) Permit No. NPDES PA0009385. Industrial waste. I.H.F.P., Inc., 30 Marr Street, Milton, PA 17847. Renewal Actions under The Clean Streams Law (35 P. S. of permit formerly known as American Home Foods was §§ 691.1—691.1001). granted along with name change. Facility is located in Milton Borough, Northumberland County. Northcentral Regional Office, 208 West Third Street, Suite 101, Grit Building, Williamsport, PA 17701. Permit No. WQM No. 4976402-T3. Sewerage. Keo Homes Inc., R. D. 4, Box 29, Selinsgrove, PA 17870. Permit No. NPDES PA0208931-A1. Sewerage. Applicant submitted transfer on the above referenced Catherine Randolph, R. D. 4, Box 392, DuBois, PA permit. The permit was issued for a pump station to 15801. Changes were made in monitoring requirements serve Spring Lake Village and Spring Crest Development. and continue authorization to discharge from facility Transfer was granted to facility located in Delaware located at Brady Township, Clearfield County to receiv- Township, Northumberland County. ing waters named tributary of Limestone Creek. Permit No. WQM No. 4989406-T1. Sewerage. Keo Permit No. NPDES PA0112631. Sewerage. Allan Homes Inc., R. D. 4, Box 29, Selinsgrove, PA 17870. Wargo, R. D. 1, Box 143, Catawissa, PA 17820. Renewal Applicant submitted transfer on the above referenced of permit application was granted, to discharge treated permit. The permit was granted to facility located in sewage from a single family residence to a high quality Delaware Township, Northumberland County. stream. Facility is located at Roaring Creek Township, Permit No. WQM No. 4191405-T1. Sewerage. Tom Columbia County. Jaskolski, 306 Park Avenue, Maple Shade, NJ 08052. Permit No. NPDES PA0112488. Sewerage. Ralpho Applicant request for transfer of the WQM Permit for a Township Municipal Authority, 32A South Market single residence treatment system was granted. Location Street, Elysburg, PA 17842-9602. Renewal was granted to is Cummings Township, Lycoming County. discharge treated wastewater from facility located at Permit No. WQM No. 6094403-T1. Sewerage. Ralpho Township, Northumberland County. Hartleton Borough Municipal Authority,P.O.Box Permit No. NPDES PA0209473. Sewerage. North 53, Hartleton, PA 17829. Applicant request for transfer Centre Township Supervisors, R. R. 2, Box 2605, was granted and municipal authority was formed the Berwick, PA 18603. Approval was granted to the Town- date of ownership transferred the beginning of January ship to install a treatment system to serve the township 1997. Location is Hartleton Borough, Union County. building, located at North Centre Township, Columbia Permit No. WQM No. 1997402. Sewerage. North County. Centre Township Supervisors, R. R. 2, Box 2605, Berwick, PA 18603. Approval was granted to the above Permit No. NPDES PA0208639-A1. Sewerage. reference permit to install a treatment system to serve Harleton Borough Municipal Authority, P. O. Box 53, the township building. Location is North Centre Town- Hartleton, PA 17829. Approval was granted to form a ship, Columbia County. municipal authority, located at Hartleton Borough, Union County. Southwest Regional Office: Water Management Program Manager, 400 Waterfront Drive, Pittsburgh, PA 15222- Permit No. NPDES PA0113361. Sewerage. Sandy 4745, telephone (412) 442-4000. Township Supervisors, P. O. Box 267, DuBois, PA 15801. Renewal was granted to the Sandy Township Permit No. 3297401. Sewerage, Cory and Misty Supervisors to accept the sewage discharge from Sandy Widmar, Box 78, Dilltown, PA 15929. Construction of a Township, Snyder County. single residence sewage treatment plant located in the

PENNSYLVANIA BULLETIN, VOL. 27, NO. 18, MAY 3, 1997 2186 NOTICES

Township of Buffington Township, Indiana County to receiving waters of an unnamed tributary to the serve the Widmar Residence. Susquehanna River.

NPDES Permit No. PA205249, Amendment No. NPDES Permit No. PA0083062. Sewerage. Williams 1. Sewage, Dollar Bank, 3 Gateway Center, 10 North, Valley School District, Route 209, Box 189A, Tower Pittsburgh, PA 15222 is authorized to discharge from a City, PA 17980 is authorized to discharge from a facility facility located at Timber Creek Farms Sewage Treatment located in Williams Township, Dauphin County to the Plant, Marshall Township, Allegheny County. receiving waters named Wiconisco Creek.

Northwest Regional Office: Regional Water Management NPDES Permit No. PA0084051. Sewerage. Creek- Program Manager, 230 Chestnut Street, Meadville, PA view Farms Mobile Home Park, 280 Airy View Road, 16335, telephone (814) 332-6942. Shermansdale, PA 17090 is authorized to discharge from a facility located in Carroll Township, Perry County to NPDES Permit No. PA0103250. Industrial waste. the receiving waters named Sherman Creek. Urick Foundry Company, 1501 Cherry Street, P. O. NPDES Permit No. PA0030252. Sewerage. Tussy Box 6027, Erie, PA 16512 is authorized to discharge from Mountain School District, R. D. 1, Box 178A, Saxton, a facility located in the City of Erie, Erie County to PA 16678 is authorized to discharge from a facility located Bentley Run. in Wood Township, Huntingdon County to the receiving NPDES Permit No. PA 0222224. Sewage. Michael waters named Great Trough Creek. Zobrest, R. D. 1, Box 181, Sugar Grove, PA 16350 is NPDES Permit No. PA0082996. Sewerage. Mt. Zion authorized to discharge for a facility located in Sugar School of Ministry, R. R. 1, Box 7380, Grantville, PA Grove Township, Warren County to an unnamed tribu- 17028 is authorized to discharge from a facility located in tary to Stillwater Creek. East Hanover Township, Lebanon County to the receiv- WQM Permit No. 4397404. Sewage. Component ing waters of an unnamed tributary to Indiantown Run. Intertechnologies, Inc., 2426 Perry Highway, Hadley, NPDES Permit No. PA0020648. Sewerage. Port PA 16130. This project involves the replacement of an Royal Municipal Authority, Box 236, Port Royal, PA existing chlorination disinfection system with an ultravio- 17082 is authorized to discharge from a facility located in let disinfection system at the existing domestic wastewa- Milford Township, Juniata County to the receiving ter treatment plant serving the facility in Perry Town- waters named Juniata River. ship, Mercer County. NPDES Permit No. PA0021865. Sewerage. Adams- WQM Permit No. 6297401. Sewage. Michael town Borough Authority of Lancaster County,98 Zobrest, R. D. 1, Box 181, Sugar Grove, PA 16350. This Lancaster Avenue, P. O. Box 546, Adamstown, PA 19501 is project is for the construction and operation of a small authorized to discharge from a facility located in East flow treatment facility located in Sugar Grove Township, Cocalico Township, Lancaster County to the receiving Warren County. waters named Little Muddy Creek. Southcentral Regional Office: Water Management Pro- NPDES Permit No. PA0085014. Sewerage. gram Manager, One Ararat Boulevard, Harrisburg, PA Conestoga Township, P. O. Box 98, Conestoga, PA 17110, telephone (717) 657-4590. 17516-9616 is authorized to discharge from a facility located in Conestoga Township, Lancaster County to NPDES Permit No. PAG043565. Sewerage. Mr. and the receiving waters named Pequea Creek. Mrs. Barry Weaver, Jr., 279 Cove Road, Duncannon, PA 17020 are authorized to discharge from a facility located NPDES Permit No. PA0081574. Sewerage. Salisbury in Penn Township, Perry County to a tributary to Cove Township, 5581 Old Philadelphia Pike, Gap, PA 17527 is Creek. authorized to discharge from a facility located in Salisbury Township, Lancaster County, to the receiving NPDES Permit No. PAG043551. Sewerage. Jerry waters of an unnamed tributary of Pequea Creek. Bolyard, Route 3, Box 35A, Clearville, PA 15535 is authorized to discharge from a facility located in NPDES Permit No. PA0032964. Sewage. Bureau of Southampton Township, Bedford County to the un- State Parks, Cowans Gap State Park, P. O. Box 8551, named tributary to Lost Run. Harrisburg, PA 17105-8551 is authorized to discharge from a facility located in Todd Township, Fulton County NPDES Permit No. PAG043563. Sewerage. Dennis to the receiving waters named Little Aughwick Creek. Dull, R. D. 2, Box 668, Bedford, PA 15522 is authorized to discharge from a facility located in Napier Township, NPDES Permit NO. PA0087581. Sewerage. Bedford County to the unnamed tributary to Raystown Maidencreek Associates, Inc., 39 Cornerstone Drive, Branch of the Juniata River. Mohrsville, PA 19541 is authorized to discharge from a facility located in Centre Township, Berks County to the NPDES Permit No. PAG043552. Sewerage. Donald receiving waters of an unnamed tributary named Irish Wasson, 381 Carey Road, Douglassville, PA 19578 is Creek. authorized to discharge from a facility located in Union Township, Berks County to an unnamed tributary to NPDES Permit No. PA0026735. Sewerage. Amend- Schuylkill River. ment No. 1. Swatara Township Authority, R. D., Box 19, Hummelstown, PA 17036 is authorized to discharge NPDES Permit No. PA0084492. Sewerage. Larry R. from a facility located in Swatara Township, Dauphin and Janet A. Strohecker and Carl E. and Mary E. County to the receiving waters named Swatara Creek. Strohecker, 615 A. Dunkle School Road, Halifax, PA 17032-9455 is authorized to discharge from a facility NPDES Permit No. PA0028649. Sewerage. Amend- located in Halifax Township, Dauphin County to the ment No. 3. Municipal Authority of the Borough of

PENNSYLVANIA BULLETIN, VOL. 27, NO. 18, MAY 3, 1997 NOTICES 2187

Sinking Spring, 502 Penn Avenue, Sinking Spring, PA INDIVIDUAL PERMITS 19608 is authorized to discharge from a facility located in (PAS) Spring Township, Berks County to the receiving waters named Cacoosing Creek. The following approvals for coverage under NPDES NPDES Permit No. PA0021709. Sewerage. Amend- Individual Permit for Discharge of Stormwater ment No. 1. Birdsboro Borough Municipal Authority, from Construction Activities have been issued. 113 East Main Street, Birdsboro, PA 19508 is authorized to discharge from a facility located in Birdsboro, Berks These actions of the Department of Environmental County to the receiving waters named Hay Creek. Protection (Department) may be appealed to the Environ- mental Hearing Board (Board), Second Floor, Rachel NPDES Permit No. PA0084948. Industrial waste. Carson State Office Building, 400 Market Street, P. O. Borough of Waynesboro, 57 East Main Street, P. O. Box 8457, Harrisburg, PA 17105-8457, telephone (717) Box 310, Waynesboro, PA 17268 is authorized to dis- 787-3483, by any aggrieved person under the Environ- charge from a facility located in Quincy Township, mental Hearing Board Act (35 P. S. § 7514); 2 Pa.C.S. Franklin County to the receiving waters named East §§ 501—508 and 701—704 (relating to the Administrative Branch Antietam Creek. Agency Law). Appeals must be filed with the Board within 30 days from the date of this issue of the NPDES Permit No. PA0008486, Industrial waste. Pennsylvania Bulletin unless the appropriate statute pro- Ahlstrom Filtration Inc., P. O. Box A, Mt. Holly vides a different time period. Copies of the appeal form Springs, PA 17065 is authorized to discharge from a and the Department’s regulations governing practice and facility located in Mt. Holly Springs Borough, procedure before the Board may be obtained from the Cubmerland County to the receiving waters named Board. Mountain Creek. Southcentral Regional Office: Water Management Pro- NPDES Permit No. PA0084816. Industrial waste. gram, Soils and Waterways Section, One Ararat Boule- Sun Pipe Line Co., P. O. Box 2086, Fritztown Road, vard, Room 126, Harrisburg, PA 17110, telephone (717) Sinking Spring, PA 19608 is authorized to discharge from 657-4590. a facility located in Spring Township, Berks County to PAS-10-M096. Individual NPDES. Wal-Mart Stores, the receiving waters of a swale tributary to Cacoosing Inc., 701 South Walton Boulevard, Bentonville, AR 72716. Creek. To implement an Erosion and Sedimentation Control Plan NPDES Permit No. PA0085871. Industrial waste. for the expansion of the existing Wal-Mart Store on 22.5 Mount Joy Borough Authority, 21 East Main Street, acres in Guilford Township, Franklin County.The Mount Joy, PA 17552 is authorized to discharge from a project is located in the west side of the existing Wal- facility located in East Donegal Township, Lancaster Mart Store along Lincoln Way East (US 30) (Scotland, PA County to the receiving waters of an unnamed tributary Quadrangle N: 8.6 inches; W: 15.0 inches). Drainage will of Donegal Creek. be to the Falling Spring Branch of Conococheague Creek. PAS-10-O065. Individual NPDES. Armstrong World NPDES Permit No. PA0084174. Industrial waste. Industries, Inc., 2500 Columbia Avenue, Lancaster, PA Amendment. Covance Research Products, Inc.,P.O. 17602. To implement an Erosion and Sedimentation Box 7200, 310 Swampbridge Road, Denver, PA 17517 is Control Plan for construction of a headquarters office authorized to discharge from a facility located in West building and parking lot on 640 acres in Manor Township, Cocalico Township, Lancaster County to the receiving Lancaster County. The project is located south of waters of an unnamed tributary to the Cocalico Creek. Columbia Avenue (SR 462) and west of Manor Drive Part II Permit No. 0596406. Sewerage. Broad Top (Lancaster, PA Quadrangle N: 6.2 inches; W: 17 inches). Township Municipal Building, Defiance, PA 16633. Drainage will be to a tributary of the Little Conestoga Construction of sewage treatment facilities in Broad Top Creek. Township, Bedford County. PAS-10-Y055. Individual NPDES. L & C Partnership, Inc., 990 South Pleasant Ave., Dallastown, PA 17313. To Part II Permit No. 0197401. Sewerage. Reading implement an Erosion and Sedimentation Control Plan Township Municipal Authority, 50 Church Road, East for a residential subdivision to be known as Rose Brook Berlin, PA 17316. Construction of pump station to serve a on 32.56 acres in Windsor Township, York County. The convenience store and restaurant in Reading Township, project is located west of Dietz Road approximately 0.5 Adams County. mile north of Ness Road (Red Lion, PA Quadrangle Part II Permit No. 2297401. Sewerage. Susque- N: 13.6 inches; W: 16.2 inches). Drainage will be to hanna Township Authority, 1900 Linglestown Road, Kreutz Creek Tributary No. 4. Harrisburg, PA 17110. Construction of pump station to PAS-10-Y059. Individual NPDES. Wilson Dikinson replace existing ejector station in Susquehanna Township, Hague Limited Partnership, 939 Elk Ridge Landing Dauphin County. Road, Suite 195, Linthicum, MD 21090. To implement an Erosion and Sedimentation Control Plan for a residential Part II Permit No. 0696412. Sewerage. Maidencreek subdivision to be known as Brandywine on 57.7 acres in Associates, Inc., 39 Cornerstone Drive, Mohrsville, PA Manchester Township, York County. The project is 19541. Construction of sewage treatment facilities in located east of Brandywine Lane approximately 0.5 mile Centre Township, Berks County. north of Greenbriar Road (West York, PA Quadrangle N: 21.5 inches; W: 101 inches). Drainage will be to a Part II Permit No. 3879201. Sewerage. Amendment tributary to Codorus Creek. No. 1. Aluminum Company of America, 3000 State Drive, Lebanon, PA 17042. Modification to the construc- Southeast Regional Office, Regional Water Management tion of groundwater monitoring wells in South Lebanon Program Manager, Lee Park, Suite 6010, 555 North Lane, Township, Lebanon County. Conshohocken, PA 19428-2233, telephone (610) 832-6130.

PENNSYLVANIA BULLETIN, VOL. 27, NO. 18, MAY 3, 1997 2188 NOTICES

NPDES Applicant Name County Receiving Permit # and Address Municipality Stream PAS10-D036 The David Cutler Group Warrington Neshaminy Creek 5 Sentry Parkway West, Township Suite 100 Bucks County 325 Walton Road Blue Bell, PA 19422 PAS10-G245 Stoltzfus Enterprises, Inc. Elverson Borough South Branch of 26 East Main Street Chester County French Creek Elverson, PA 19520 PAS10-J036 Bentley Developers, Inc. Newtown Darby Creek/Julip 1595 Paoli Pike Township Run West Chester, PA 19380 Delaware County PAS10-G238 The Home Depot East Whiteland Valley Creek 3096 Hamilton Boulevard Township South Plainfield, NJ Chester County 07080

INDIVIDUAL PERMITS (PAR)

APPROVALS TO USE NPDES GENERAL PERMITS

The following parties have submitted Notices of Intent (NOI) for Coverage under General NPDES Permits to discharge wastewater into the surface waters of the Commonwealth of Pennsylvania. The Department of Environmental Protection approves the following coverages under the specified General Permit. This approval is subject to applicable effluent limitations, monitoring and reporting requirements and other conditions set forth in the respective General Permit. The EPA Region III Regional Administrator has waived the right to review or object to this permit action under the waiver provision: 40 CFR 123.24. The application and related documents, effluent limitations and special conditions, and other information are on file and may be inspected and arrangements made for copying at the contact office noted. List of NPDES General Permits issued by the Department of Environmental Protection: NPDES General Permit Type PAG-1 General Permit For Discharges From Stripper Oil Well Facilities PAG-2 General Permit For Discharges of Stormwater From Construction Activities PAG-3 General Permit For Discharges of Stormwater From Industrial Activities PAG-4 General Permit For Discharges From Single Residence Sewage Treatment Plant PAG-5 General Permit For Discharges From Gasoline Contaminated Ground Water Remediation Sys- tems PAG-6 General Permit For Wet Weather Overflow Discharges From Combined Sewer Systems Facility Location Receiving Stream Contact Office County and Applicant Name or Body and Municipality Permit # and Address of Water Telephone # Luzerne County PAR212219 Certech, Incorporated Unnamed Trib. Northeast Hanover Township 550 Stewart Road to Sugar Notch Regional Office Hanover Industrial Park Run to Solomon Regional Water Wilkes-Barre, PA 18706 Creek Management Program Manager, 2 Public Square, Wilkes- Barre, PA 18711-0790 (717) 826-2553 Butler County, PAR808316 Vogel Disposal Service, Breakneck Creek DEP Adams Township Inc. Northwest Region PO Box 847 Water Management Mars, PA 16046 230 Chestnut St. Meadville, PA 16335 814/332-6942

PENNSYLVANIA BULLETIN, VOL. 27, NO. 18, MAY 3, 1997 NOTICES 2189

Facility Location Receiving Stream Contact Office County and Applicant Name or Body and Municipality Permit # and Address of Water Telephone # Crawford County, PAR228316 Custead’s Sawmill, Inc. Unnamed Tributary DEP East Fairfield 23708 Sawmill Rd. into Little Sugar Northwest Region Township Meadville, PA 16335 Creek Water Management 230 Chestnut St. Meaville, PA 16335 814/332-6942 Erie, Erie County PAR118313 Smith Meter, Inc. Lake Erie DEP 1602 Wagner Ave. Northwest Region Erie, PA 16514-0428 Water Management 230 Chestnut St. Meadville, PA 16335 814/332-6942 York County PAG043570 Susquehanna Resources Susquehanna River SCRO—717-657-4590 Hellam Township PO Box 3711 York, PA 17402 Potter Co., Hector Twp. PAG044934 Merrill Godshall Teed Hollow 717-327-3664 432 Lower Road Northcentral Souderton, PA 18964 Potter Co., Hector Twp. PAG044933 Perry & Randy Godshall Button Hollow Northcentral 830 Kulp Road Perkiomenville, PA 18074 Centre Co., Huston Twp. PAG044929 Mr. & Mrs. Clark Reese Unnamed tributary Northcentral 801 Silverdale Road Mudlick Run 717-327-3664 Julian, PA 16844 Lycoming Co., Jordan PAG044928 Frank Bomboy Unnamed tributary to Northcentral Twp. R. D. 1, Box 178 Little Muncy Creek 717-327-3664 Unityville, PA 17774 Northumberland Co., PAG044932 Jeffrey R. Martin Little Shamokin Creek Northcentral Rockerfeller Twp. R. R. 3, Box 151A 717-327-3664 Sunbury, PA 17801 Clearfield Co., Bradford PAG044936 Ms. Mary Mowery Valley Fork Run Northcentral Twp R. D. 1, Box 55 717-327-3664 Woodland, PA 16881 Lycoming Co., Cummings PAG044884 Tom Jaskolski Little Pine Creek Northcentral Twp. 306 Park Ave. 717-327-3664 Maple Shade, NJ 08052 Indiana County, PAG046120 Cory and Misty Widmar unnamed tributary Southwest Regional Of- Buffington Township Box 78 to Blacklick Creek fice: Dilltown, PA 15929 Water Management Pro- gram Manager, 400 Wa- terfront Drive, Pitts- burgh, PA 15222-4745 (412) 442-4000 Lancaster County PAG053507 Redner’s Market, Inc. Cocalico Creek SCRO— E. Cocalico Twp. R. D. 2, Box 2430 717-657-4590 Reading, PA 19605

SEWAGE FACILITIES ACT Upper Frankford Township, Cumberland County, PLAN APPROVAL 500 North Mountain Road, Newville, PA 17241. The approved plan revision (John A. Romanchock, DEP Code Plan revision approval granted March 28, 1997 No. A3-21930-068-3S) provides for the installation of an under the Pennsylvania Sewage Facilities Act (35 individual residence sewage treatment plant with dis- P. S. §§ 750.1—750.20) charge to an unnamed tributary of Locust Creek. The plant is being installed to replace an existing, malfunc- Regional Office: Water Management Program Manager, tioning onlot sewage disposal system. The project is Southcentral Region, One Ararat Boulevard, Harrisburg, located on the north side of Bobcat Road (T-451) about PA 17110. two miles west of the intersection with SR 0944. Any

PENNSYLVANIA BULLETIN, VOL. 27, NO. 18, MAY 3, 1997 2190 NOTICES required NPDES Permits or WQM permits must be of residential or nonresidential exposure factors, a de- obtained in the name of the applicant. scription of the remediation performed, and summaries of sampling methodology and analytical results which dem- SAFE DRINKING WATER onstrate that the remediation has attained the cleanup standard selected. Actions taken under the Pennsylvania Safe Drink- ing Water Act (35 P. S. §§ 721.1—721.17). For further information concerning the final report, please contact the Environmental Cleanup Program in Regional Office: Sanitarian Regional Manager, One the Department of Environmental Protection Regional Ararat Boulevard, Harrisburg, PA 17110, telephone (717) Office under which the notice of receipt of a final report 657-4692. appears. If information concerning a final report is re- Permit No. 3696505. Public water supply. Fairmount quired in an alternative form, contact the community Rest Homes Inc., West Earl Township, Lancaster relations coordinator at the appropriate regional office County, (James R. Oswald, 232 Cat’s Back Road, listed. TDD users may telephone the Department through Ephrata, PA 17522), relocation of existing water softening the AT&T Relay Service at (800) 654-5984. and nitrate treatment units; the addition of well #3; The Department has received the following final reconstruction of a finished water storage, distribution ports. pumps and distribution system; and addition of a bulk salt storage facility. Southcentral Regional Office, Environmental Cleanup Program Manager, One Ararat Boulevard, Harrisburg, PA Permit No. 3696508. Public water supply. City of 17110, (717) 657-4592. Lancaster Authority, Manheim Township, Lancaster County, (James J. Kirchner, Chairperson, City of Ono Service Center, East Hanover Township, Leba- Lancaster Authority, P. O. Box 1599, 120 N. Duke Street, non County. Donmoyer Realty, Inc., and Ono Transport Lancaster, PA 17608), construction of an underground Services, P. O. Box 74, Ono, PA 17077 have submitted a packaged water booster pump station to replace the Final Report concerning remediation of site soils contami- existing Blossom Hill Pump Station. nated with BTEX. The report is intended to document remediation of the site to meet the Statewide health Permit No. 3696506. Public water supply. Zerbe standard. Sisters Nursing Center Inc., Narvon, Lancaster County, (Daniel Caffrey, III, Business Manager, Zerbe Northcentral Regional Office, Environmental Cleanup Sisters Nursing Center, Inc., 2499 Zerbe Road, Narvon, Program Manager, 208 West Third Street, Suite 101, PA 17555), the addition of a new well, treatment, storage Williamsport, PA 17701-6448, telephone (717) 321-6525. facility and distribution system to accommodate new facilities at the retirement community. Coley’s Auto Salvage and Recycling, Loyalsock Township, Lycoming County. Staiman Brothers, Inc., Permit No. 3596507. Public water supply. Columbia 201 Hepburn Street, Williamsport, PA 17701 has submit- Water Company, Borough of Columbia, Manor Township ted a Final Report addressing soil and sediment contami- and West Hempfield Township, Lancaster County, nated with lead. The report is intended to document (Charles E. Gohn, General Manager, 220 Locust Street, remediation of the site to meet the Statewide Health Columbia, PA 17512), construction of a 1.9 mg finished Standard. water distribution tank and related booster pumping station, chlorine facility and 12-inch connecting water SOLID AND HAZARDOUS WASTE main. LICENSE TO TRANSPORT HAZARDOUS WASTE Permit No. 2297501. Public water supply. Cedar Manor Mobile Home Park, Londonderry Township, License issued under the Solid Waste Management Dauphin County, (Frank T. Perano, Owner, Cedar Act (35 P. S. §§ 6018.101—6018.1003) and regula- Manor MHP, Box 278, King of Prussia, PA 19406), tions for license to transport hazardous waste. installation of Pb/Cu Corrosion Control equipment using Aqua-Mag. Bureau of Land Recycling and Waste Management, Division of Hazardous Waste Management, P. O. Box LAND RECYCLING AND 8471, Harrisburg, PA 17105-8471. ENVIRONMENTAL REMEDIATION Atlantic Recovery Services, Inc., 8 Tree Lane, Levit- Under Act 2, 1995 town, PA 19054; License No. PA-AH 0559; license issued Preamble 3 March 26, 1997. The following final reports were submitted to the Prillaman Chemical Corporation, P. O. Box 4024, Department of Environmental Protection under the Land Martinsville, VA 24115; License No. PA-AH 0560; license Recycling and Environmental Remediation Standards Act issued April 8, 1997. (35 P. S. §§ 6026.101—6026.908). Renewal licenses issued under the Solid Waste Provisions of Chapter 3 of the Land Recycling and Management Act (35 P. S. §§ 6018.101—6018.1003) Environmental Remediation Standards Act (act) require and regulations for license to transport hazard- the Department of Environmental Protection to publish in ous waste. the Pennsylvania Bulletin a notice of submission of any final reports. A final report is submitted to document Bureau of Land Recycling and Waste Management, cleanup of a release of a regulated substance at a site to Division of Hazardous Waste Management, P. O. Box one of the act’s remediation standards. A final report 8471, Harrisburg, PA 17105-8471. provides a description of the site investigation to charac- terize the nature and extent of contaminants in environ- Central States Environmental Services, Inc., 609 mental media, the basis for selecting the environmental Airport Road, Centralia, IL 62801; License No. PA-AH media of concern, documentation supporting the selection S186; renewal license issued April 3, 1997.

PENNSYLVANIA BULLETIN, VOL. 27, NO. 18, MAY 3, 1997 NOTICES 2191

ECOFLO, Inc., 2750 Patterson Street, Greensboro, NC Laidlaw Environmental Services (WT), Inc. 220 27407; License No. PA-AH 0225; renewal license issued Outlet Pointe Boulevard, Columbia, SC 29210; License April 3, 1997. No. PA-AH 0442; license terminated April 14, 1997. Elliott Truck Line, Inc., 532 South Wilson Street, U. S. Pollution Control, Inc., 220 Outlet Pointe Bou- Vinita, OK 74301; License No. PA-AH 0355; renewal levard, Columbia, SC 29210; License No. PA-AH 0418; license issued April 3, 1997. license terminated April 14, 1997. Fred Heyrich, Inc., 3 Peckman Road, Little Falls, NJ BENEFICIAL USE DETERMINATIONS 07424; License No. PA-AH 0233; renewal license issued April 7, 1997. Permits issued under the Solid Waste Management Act (35 P. S. §§ 6018.101—6018.1003), the Munici- Joseph Moving and Storage Co., d/b/a St. Joseph pal Waste Planning, Recycling and Waste Reduc- Motor Lines, P. O. Box 5, Woodland, PA 16881; License tion Act (53 P. S. §§ 4000.101—4000.1904) and regu- No. PA-AH 0355; renewal license issued April 9, 1997. lations to operate solid waste processing or Keystone Environmental Services, Inc.,P.O.Box9, disposal area or site. Temple, PA 19560-0009; License No. PA-AH 0236; renewal license issued April 8, 1997. Regional Office: Northeast Regional Office, Regional Solid Waste Manager, 2 Public Square, Wilkes-Barre, PA Mill Service, Inc., 1815 Washington Road, Pittsburgh, 18711-0790, telephone (717) 826-2516 PA 15241; License No. PA-AH 0140; renewal license issued April 16, 1997. Foster Wheeler Penn Resources, Inc., Perryville Corporate Park, Clinton, NJ 08809-4000. Beneficial Use Petroclean, Inc., P. O. Box 92, Carnegie, PA 15106; Order for the use of processed wood material (wood chips) License No. PA-AH 0109; license issued April 16, 1997. recovered from the processing of construction/demolition debris as a fuel supply for the production of electricity at Reifsneider Transportation, Inc., P. O. Box 48, this facility, located in Newport Township, Luzerne Royersford, PA 19468; License No. PA-AH 0486; license County. This Beneficial Use Order was issued in the issued April 7, 1997. Regional office on April 9, 1997. Tri-County Industries, Inc., 5005 Powder Mill Road, RESIDUAL WASTE PROCESSING FACILITIES Beltsville, MD 20704 License No. PA-AH 0430; renewal license issued April 3, 1997. Permit issued under the Solid Waste Management Weavertown Transport Leasing, Inc., 206 Act (35 P. S. §§ 6018.101—6018.1003), the Munici- Weavertown Road, Canonsburg, PA 15317 License No. pal Waste Planning, Recycling and Waste Reduc- PA-AH 0263; renewal license issued April 3, 1997. tion Act (53 P. S. §§ 4000.101—4000.1904) and residual waste regulations for a general permit to License expired under the Solid Waste Management operate residual waste processing facilities and Act (35 P. S. §§ 6018.1001—6018.1003) and regula- the beneficial use of residual waste other than tions for license to transport hazardous waste. coal ash. Bureau of Land Recycling and Waste Management, Central Office: Division of Municipal and Residual Division of Hazardous Waste Management, P. O. Box Waste, 14th Floor, Rachel Carson State Office Building, 8471, Harrisburg, PA 17105-8471. 400 Market St., Harrisburg, PA 17101-2301. ECO Cycle, Inc., 1830 Gilford Avenue, New Hyde General Permit No. WMGR030. Waste Manage- Park, NY 11040; License No. PA-AH 0479; license ex- ment Disposal Services of PA, Inc,., Three Greenwood pired on April 3, 1997. Square, 3329 Street Road, Bensalem, PA 19020. A permit for the processing of soils contaminated with virgin Texas Instruments, Inc., P. O. Box 655474, Dallas, TX petroleum fuels, waste oil, ethylene glycol deicing fluid, 75265; License No. PA-AH S207; license expired on April lubricating oil, hydraulic oil, quench oil, crude oil and 3, 1997. styrene for use as landfill cover material, roadway con- UXB International, Inc., 14800 Conference Center struction material and clean fill. The permit was issued Drive, Chantilly, VA 22021; License No. PA-AH S241; by Central Office on April 8, 1997. license expired on April 3, 1997. General Permit No. WMGR045. E & L Brokerage, Inc., R. D. 1, Box 455, Morrisdale, PA 16858. A permit for Hazardous waste transporter license voluntarily the processing of sludge generated by paper or pulp mills terminated under the Solid Waste Management (SIC Code 2621 and 2611), coal ash and tannery sludge Act (35 P. S. §§ 6018.101—6018.1003), the Infectious by mixing and mechanical separation for use as manufac- and Chemotherapeutic Waste Law (35 P. S. tured soil. The permit was issued by Central Office on §§ 6019.1—6019.6) and regulations for license to April 15, 1997. transport hazardous waste. Persons interested in reviewing the permit may contact Bureau of Land Recycling and Waste Management, the General Permits and Beneficial Use Section, Division Division of Hazardous Waste Management, P. O. Box of Municipal and Residual Waste, P. O. Box 8472, Harris- 8471, Harrisburg, PA 17105-8471. burg, PA 17105-8472. Laidlaw Environmental Services, (NE), Inc., 220 HAZARDOUS WASTE, TREATMENT, STORAGE Outlet Pointe Boulevard, Columbia, SC 29210; License AND DISPOSAL FACILITIES No. PA-AH 0432; license terminated April 14, 1997. Permits issued under the Solid Waste Management Laidlaw Environmental Services (TS), Inc., 220 Act (35 P. S. §§ 6018.101—6018.1003), the Munici- Outlet Pointe Boulevard, Columbia, SC 29210; License pal Waste Planning, Recycling and Waste Reduc- No. PA-AH 0257; license terminated April 14, 1997. tion Act (53 P. S. §§ 4000.101—4000.1904) and regu-

PENNSYLVANIA BULLETIN, VOL. 27, NO. 18, MAY 3, 1997 2192 NOTICES

lations to operate solid waste processing or AIR POLLUTION disposal area or site. OPERATING PERMITS Regional Office: Northeast Regional Office, Regional Construct, modify or activate air contaminant Solid Waste Manager, 2 Public Square, Wilkes-Barre, PA sources 18711-0790, telephone (717) 826-2516. 25 Pa. Code § 129.1 Permit I. D. No. 101392. Lehigh Valley Recycling, Inc., 3942 Portland Street, Coplay, PA 18037. A Permit Operating Permits issued under the Air Pollution Renewal authorizing the operation of a municipal waste Control Act (35 P. S. §§ 4001—4015 and regulations transfer facility, located in North Whitehall Township, to construct, modify, reactivate or operate air Lehigh County. This Permit Renewal was issued in the contamination sources and associated air clean- Regional Office on April 11, 1997. ing devices. Permit I. D. No. 101628. Natural Soil Products Schuylkill Composting Facility, Natural Soil Products, Northwest Regional Office: Air Quality Program, 230 200 East Main Street, Good Spring, PA 17981. A permit Chestnut St., Meadville, PA 16335. authorizing the construction and operation of this munici- 24-313-138: The Department has issued an air quality pal waste composting facility, located in Frailey Township, operating permit to Carbide/Graphite Group, Inc. (800 Schuylkill County. The permit was issued in the Re- Theresia St., St. Marys, PA 15857) for the operation of a gional Office on April 15, 1997. burn off oven in St. Marys, Elk County. Permits issued under the Solid Waste Management Southeast Regional Office: Bureau of Air Quality, Lee Act (35 P. S. §§ 6018.101—6018.1003) and regula- Park, Suite 6010, 555 North Lane, Conshohocken, PA tions to operate solid waste processing or dis- 19428. posal area or site. The Department has issued the following air quality operating permits for the operation of the air contamina- Southcentral Regional Office: Regional Solid Waste Pro- tion sources and associated air cleaning devices described gram Manager, One Ararat Boulevard, Harrisburg, PA below for the specified companies. 17110, telephone: (717) 657-4588. Permit: 46-302-205 Permit No. 301280. Remtech Environmental, Source: Two Boilers (Lewisberry) LP, (550 Industrial Drive, Lewisberry, PA Issued: March 25, 1997 17339). Application for a residential waste processing Company: Unisys Corporation facility at a site in Fairview Township, York County. Location: Whitpain Permit issued in the Regional Office April 17, 1997. County: Montgomery Permit No. 603405. Farm 1, 2, and 4-Countryside Permit: 35-007 Pumping Service, S. Den and Gail K. Stephens (R. R. 1, Source: 3 Coal Fired Boilers Box 11, Liverpool, PA 17045). Application for operation of Company: Clarks Summit State Hospital an agricultural utilization of sewage sludge site in Location: South Abington Township Susquehanna and Liverpool Township, Juniata and County: Lackawanna Perry Counties. Permit issued in the Regional Office April 17, 1997. Permit: 40-007A Source: Flexographic Print Machines (1-17) Southwest Regional Office: Regional Solid Waste Man- Company: Bemis Company Incorporated ager, 400 Waterfront Drive, Pittsburgh, PA 15222-4745, Location: West Hazleton Borough telephone (412) 442-4000. County: Luzerne Permit ID No. 101238. Tri-Valley Recycling Center, Permit: 40-020 Mid American Waste Systems, Inc., Lefever Hill Road, Source: Three Boilers Cheswick, PA. Operation of a municipal waste processing Company: Commonwealth of Penna/Welfare facility in Indiana Township, Allegheny County. Permit Location: Foster Township terminated at the request of the permittee in the Re- County: Luzerne gional Office on April 15, 1997. Permit: 45-302-020A PREVIOUSLY UNPERMITTED CLASS OF SPECIAL Source: 2 Iron Fireman Boilers (#4 oil) HANDLING WASTE Company: Instrument Specialties Company INFECTIOUS OR CHEMOTHERAPEUTIC WASTE Location: Delaware Water Gap Boro County: Monroe Renewal licenses issued under the Solid Waste Permit: 66-001 Management Act (35 P. S. §§ 6018.101—6018.1003), Source: Pulp and Paper Plant the Infectious and Chemotherapeutic Waste Law Company: Procter & Gamble Paper Products (35 P. S. §§ 6019.1—6019.6) and regulations for Location: Washington Township license to transport infectious and chemothera- County: Wyoming peutic waste. PLAN APPROVALS Bureau of Land Recycling and Waste Management, Division of Hazardous Waste Management, P. O. Box Plan Approval extensions issued under the Air 8471, Harrisburg, PA 17105-8471. Pollution Control Act (35 P. S. §§ 4001—4015) and regulations to construct, modify, reactivate and S-J Transportation Co., P. O. Box 169, Woodstown, operate air contaminant sources or air cleaning NJ 08098; License No. PA-HC 0031; renewal license devices. issued April 15, 1997.

PENNSYLVANIA BULLETIN, VOL. 27, NO. 18, MAY 3, 1997 NOTICES 2193

Northwest Regional Office: Air Quality Program, 230 Permit: 09-318-071 Chestnut Street, Meadville, PA 16335. Source: Surface Coating Process 10-307-051. On April 30, 1997, a Plan Approval exten- Issued: March 7, 1997 sion was issued to Armco, Inc. (P. O. Box 832, Butler, PA Company: PHN Packaging Systems, Inc. 16003) for installation of anneal and pickle lines in Location: Chalfont Butler, Butler County. County: Bucks 61-399-007C. On March 31, 1997, a Plan Approval Permit: 23-329-003A extension was issued to A. G. Industries, Inc. (P. O. Box Source: Two Emergency Generators 1107, Oil City, PA 16301) for installation of hard chro- Issued: March 17, 1997 mium tanks in Oil City, Venango County. Company: Haverford College Location: Haverford 62-329-005A. On April 30, 1997, a Plan Approval County: Delaware extension was issued to Elkhorn Operating Company (8801 S. Yale, Suite 420, Tulsa, OK 74137) for construc- Permit: 09-320-043 tion of a natural gas engine in Sheffield Township, Source: Two Sheet-Fed Non-Heatset Warren County. Issued: March 20, 1997 Company: Klearfold, Inc. PA-24-083A. On April 18, 1997, a Plan Approval was Location: Warrington issued to Carbone of America Industries, Corp. (215 County: Bucks Stackpole St., St. Marys, PA 15857) for construction of a coke/graphite mill at Benzinger Township, Elk County. Permit: 15-312-029 Source: Trucks Loading Rack Southcentral Regional Office: Air Quality Program, One Issued: March 28, 1997 Ararat Boulevard, Harrisburg, PA 17110. Company: Atlantic Refining & Marketing 22-303-017. On April 16, 1997, the Department issued Location: West Whiteland a Plan Approval to Handwerk Materials, Division of County: Chester Haines & Kibblehouse, Inc. (P. O. Box 196, Skippack, Regional Office: Northeast Regional Office, Bureau of PA 19474) for the construction of a batch asphalt plant Air Quality, 2 Public Square, Wilkes-Barre, PA 18711- controlled by a Cedarapids cyclone and baghouse in 0790. Hummelstown Borough, Dauphin County. The source is subject to 40 CFR 60, Subpart I, Standards of Perfor- A Plan Approval has been issued by this office for the mance for New Stationary Sources. construction, modification, reactivation or operation of the air contamination sources and associated air cleaning 36-317-221. On April 16, 1997, the Department issued devices described below for the specified companies. a Plan Approval to Wenger’s Feed Mill, Inc. (P. O. Box 26, Rheems, PA 17570) for the construction of a pellet Permit: 40-306-009 mill cooler controlled by a cyclone in Mount Joy Borough, Source: Power Production Facility/Boiler Lancaster County. Issued: April 10, 1997 Company: Foster Wheeler Penn Resources, Inc. Southeast Regional Office: Bureau of Air Quality, Lee Location: Newport Township Park, Suite 6010, 555 North Lane, Conshohocken, PA County: Luzerne 19428. Permit: 40-318-046A The Department has issued the following air quality Source: Spray Paint Coat w/panel filters plan approvals for the specified companies described Issued: April 3, 1997 below: Company: Quality Collision Incorporated Permit: 09-320-046 Location: Dallas Township Source: Graphic Art Line No. 1 County: Luzerne Issued: 04/10/97 Permit: 48-399-038A. Company: Specialty Paperboard/Endura, Inc. Source: Film extrusion lines w/ESP Location: Quakertown Issued: April 8, 1997 County: Bucks Company: Filmtech Corporation Permit: 46-322-009 Location: Williams Township Source: Two Enclosed Flares County: Northampton Issued: March 6, 1997 REASONABLY AVAILABLE CONTROL Company: Waste Management Disposal Services of TECHNOLOGY PA Location: West Pottsgrove (RACT) County: Montgomery Plan Approvals issued under the Air Pollution Con- Permit: 15-399-047 trol Act (35 P. S. §§ 4001—4015) and regulations Source: Flat Panel Cleaning System for a plan approval permit to comply with 25 Pa. Issued: March 11, 1997 Code § 129.91 for Reasonable Available Control Company: CFM Technologies, Inc. Technology. Location: East Goshen County: Chester Southeast Regional Office: Bureau of Air Quality, Lee Park, Suite 6010, 555 North Lane, Conshohocken, PA Permit: 46-399-101A 19428. Source: Eight Lithographic Printing Presses Issued: February 24, 1997 The Department has issued the following air quality Company: Brown Printing plan approval permit for the construction of the air Location: Upper Hanover contamination sources and associated air cleaning devices County: Montgomery described below for the specified companies:

PENNSYLVANIA BULLETIN, VOL. 27, NO. 18, MAY 3, 1997 2194 NOTICES

Permit: PA-09-0035 Coal Permits Issued: Source: VOC and NOx Facility Issued: March 12, 1997 26860105R. M. B. Energy, Inc. (250 Airport Road, Company: Garlock, Inc. (Plastomer Products) P. O. Box 1319, Indiana, PA 15701). Renewal issued for Location: Newtown continued operation and reclamation of a bituminous County: Bucks surface mine located in Bullskin Township, Fayette County, affecting 151.89 acres. Receiving streams: un- Operating Permits issued under the Air Pollution named tributary to Green Lick Run, unnamed tributary Control Act (35 P. S. §§ 4001—4015) and regula- to Little Champion Run, and unnamed tributary to tions for an operating permit to comply with 25 Jacobs Creek. Application received February 3, 1997. Pa. Code § 129.91 for Reasonable Available Con- Renewal issued April 1, 1997. trol Technology. 26970201. VanSickle Coal (R. D. 1, Box 18, New Salem, PA 15468). Permit issued for commencement, Southeast Regional Office: Bureau of Air Quality, Lee operation, and reclamation of a coal refuse reprocessing Park, Suite 6010, 555 North Lane, Conshohocken, PA site located in North Union Township, Fayette County, 19428. affecting 24.1 acres. Receiving streams: unnamed tribu- The Department has issued the following air quality taries and Redstone Creek to the Monongahela River. operating permits for the operation of the air contamina- Application received March 6, 1997. Permit issued April tion sources and associated air cleaning devices described 3, 1997. below for the specified companies: 02920102R. Bologna Coal Company (P. O. Box 271, Permit: OP-09-0037 Burgettstown, PA 15021). Renewal issued for continued Source: VOC Sources reclamation of a bituminous surface mine with coal refuse Issued: April 10, 1997 disposal on the site located in North Fayette Township, Company: CMS Gilbreth Packaging Systems Allegheny County, affecting 57.3 acres. Receiving Location: Bristol streams: unnamed tributary to Little Raccoon Run. Re- County: Bucks newal application received March 7, 1997. Renewal permit issued April 15, 1997. Permit: OP-23-0032 Source: NOx and VOC Facility Hawk Run District Office, P. O. Box 209, Hawk Run, PA Issued: March 12, 1997 16840. Company: DELCORA WRTP Location: City of Chester 17860133. Thomas Coal Company (Star Route, Box County: Delaware 53, Curwensville, PA 16833), renewal of and existing bituminous surface mine permit in Brady and Penn Permit: OP-46-0035 Townships, Clearfield County affecting 188.4 acres, Source: NOx/VOC Sources receiving streams: Laurel Branch Run and Beech Run to Issued: March 27, 1997 East Branch Mahoning Creek, East Branch Mahoning Company: SmithKline Beecham Pharmaceuticals Creek to Mahoning Creek, Mahoning Creek to Allegheny Location: Upper Merion River, Allegheny River to Ohio River, application received County: Montgomery December 2, 1996, permit issued April 7, 1997. Permit: OP-23-0008 17950120. Waroquier Coal Company (P. O. Box 128, Source: VOC Sources Clearfield, PA 16830), commencement, operation and res- Issued: April 7, 1997 toration of a bituminous surface mine permit in Goshen Company: Zenith Products Corp. Township, Clearfield County affecting 167 acres, receiv- Location: Aston ing streams: Bloody Run to West Branch Susquehanna County: Delaware River and Trout Run to West Branch Susquehanna River, MINING application received December 27, 1997, permit issued April 7, 1997. CONDUCT COAL AND NONCOAL ACTIVITIES Greensburg District Office, R. R. 2, Box 603-C, MINING ACTIVITY ACTIONS Greensburg, PA 15601. Actions on applications under the Surface Mining Con- Noncoal Permits Issued servation and Reclamation Act (52 P. S. §§ 1396.1— 1396.19a); the Noncoal Surface Mining Conservation and 04960302. Midland Slag Processors (303A Smith’s Reclamation Act (52 P. S. §§ 3301—3326); The Clean Ferry Road, Midland, PA 15059). Permit issued for com- Streams Law (35 P. S. §§ 691.1—691.1001); the Coal mencement, operation, and reclamation of a large noncoal Refuse Disposal Control Act (52 P. S. §§ 30.51—30.66); (slag) surface mining site in Ohioville Borough, Beaver The Bituminous Mine Subsidence and Land Conservation County, affecting 31.0 acres. Receiving streams: Upper Act (52 P. S. §§ 1406.1—1406.21). The final action on Dry Run to Ohio River. Application received June 17, each application also constitutes action on the request for 1996. Permit issued April 9, 1997. 401 water quality certification. Mining activity permits Pottsville District Office, 5 West Laurel Boulevard, issued in response to such applications will also address Pottsville, PA 17901-2454. the applicable permitting requirements of the following statutes: the Air Quality Control Act (35 P. S. §§ 4401— General Small Noncoal Authorizations Granted: 4015); the Dam Safety and Encroachments Act (32 P. S. §§ 693.1—693.27); and the Solid Waste Management Act 66960803. Gerald E. Sands, (R. R. 7, Box 442, (35 P. S. §§ 6018.101—6018.1003). Tunkhannock, PA 18657), commencement, operation and restoration of a small shale quarry operation in Eaton Greensburg District Office, R. D. 2, Box 603-C, Township, Wyoming County affecting 2.0 acres, receiv- Greensburg, PA 15601. ing stream—none. Authorization granted April 15, 1997.

PENNSYLVANIA BULLETIN, VOL. 27, NO. 18, MAY 3, 1997 NOTICES 2195

ACTIONS TAKEN UNDER SECTION 401: FEDERAL Fayette Expressway project. 9.3 acres of replacement WATER POLLUTION CONTROL ACT wetlands were approved under Permit No. E26-217. The project is located off of S. R. 0857 (Smitfield, PA Quad- ENCROACHMENTS rangle N: 11.0 inches; W: 3.50 inches) in Georges Town- DAMS, ENCROACHMENTS AND ENVIRONMENTAL ship, Fayette County. ASSESSMENTS Permit No. E26-232. Encroachment. PA Turnpike The Department of Environmental Protection has taken Commission, P. O. Box 67676, Harrisburg, PA 17105- the following actions on previously received Dam Safety 7676. To construct and maintain various structures and and Encroachment permit applications, requests for Envi- channel relocations in an unnamed tributary (UNT) to ronmental Assessment approval, and requests for Water Grassy Run, UNT to Mountain Creek, UNT to Brownfield Quality Certification under section 401 of the Federal Hollow, Brownfield Hollow and Mountain Creek and to Water Pollution Control Act (33 U.S.C.A. § 341(a)). place and maintain fill in 1.90 acres of wetlands. Replace- Any person aggrieved by this action may appeal, under ment wetlands are authorized under Permit No. E26-217. section 4 of the Environmental Hearing Board Act (35 The project is located off of SR 0857 in Georges and P. S. § 7514), and 2 Pa.C.S. §§ 501—508 and 701—704 Springhill Townships, Fayette County. (relating to the Administrative Agency Law), to the Environmental Hearing Board, 400 Market Street, Floor Permit No. E32-383. Encroachment. PA Department 2, P. O. Box 8457, Harrisburg, PA 17105-8457, (717) of Transportation, P. O. Box 429, Indiana, PA 15701. To 787-3483. TDD users may contact the Board through the remove the existing Wandin Bridge and to construct and Pennsylvania Relay Service, (800) 654-5984. Appeals maintain a new bridge having a normal span of 43.0 feet must be filed with the Environmental Hearing Board with an underclearance of 7.0 feet across north branch within 30 days of receipt of written notice of this action Two Lick Creek (CWF). The bridge is located on S. R. unless the appropriate statute provides a different time 1014, Section 450, just southwest of the intersection of period. Copies of the appeal form and the Board’s rules of S. R. 1014 and S. R. 1012 (Commodore, PA Quadrangle practice and procedure may be obtained from the Board N: 9.1 inches; W: 12.2 inches) in Cherryhill Township, at (717) 787-3483. This paragraph does not, in and of Indiana County. itself, create any right of appeal beyond that permitted by applicable statutes and decisional law. Permit No. E32-384. Encroachment. Saltsburg Bor- ough, P. O. Box 104, Saltsburg, PA 15681. To construct Southwest Regional Office: Soils and Waterways Sec- and maintain a crushed stone walkway, a 170-foot long tion, 400 Waterfront Drive, Pittsburgh, PA 15222-4745. wooden boardwalk and stage structure and two brick Permits Issued: entrance ways along the Conemaugh River. This permit also authorizes the placement and maintenance of riprap Permit No. E02-1159. Encroachment. John Folino, along 150 L. F. of the Conemaugh River’s right bank as 1889 Menold Drive, Allison Park, PA 15101. To place and part of the Saltsburg Canal Park Project located along maintain fill in approximately 0.1 acre of scrub shrub Water Street (Saltsburg, PA Quadrangle N: 19.5 inches; wetlands for the purpose of constructing a new office W: 10.8 inches) in Saltsburg Borough, Indiana County. building and parking lot. The project is located on the north side of Hillvue Lane, approximately 500 feet east Permit No. E56-274. Encroachment. Roger L. from the intersection of Hillvue Lane and SR 19 Lamens, R. R. 1, Schellsburg, PA 15559. To construct and (Emsworth, PA Quadrangle N: 12.6 inches; W: 5.0 maintain a single span bridge having a normal span of inches) in McCandless Township, Allegheny County. 24.0 feet and an underclearance of 8.7 feet across Breast- The applicant has contributed toward the Pennsylvania work Run for the purpose of accessing property for a Wetland Replacement Project. timbering operation located on Breastwork Run Road approximately 1.52 miles south of its intersection with Permit No. E02-1170 Encroachment. Grand View US Route 30 (Central City, PA Quadrangle N: 4.05 Development Company, 300 Mt. Lebanon Boulevard, inches; W: 4.8 inches) in Allegheny Township, Somerset Pittsburgh, PA 15234. To place and maintain fill in a de County. minimus area of wetlands less than or equal to 0.05 acre for the purpose of constructing the Old Stone Church Permit No. E65-662. Encroachment. Pennsylvania Commons development. The project is located just south Department of Transportation, P. O. Box 459, of the intersection of Monroeville Boulevard and Uniontown, PA 15401. To remove the existing Arona Road Strochein Road (Braddock, PA Quadrangle N: 11.0 inches; bridge and to construct and maintain a box culvert W: 3.0 inches) in Monroeville Borough, Allegheny having a span of 19.0 feet with an effective underclear- County. ance of 7.0 feet (invert depressed 1.0 foot) in an unnamed tributary to Sewickley Creek (WWF). The bridge is Permit No. E26-231. Encroachment. PA Turnpike located on Arona Road (SR 3071 Section A01, Segment Commission, P. O. Box 67676, Harrisburg, PA 17106- 0010, Offset 1740) (Mt. Pleasant, PA Quadrangle N: 18.7 7676. To construct and maintain two (2) four (4) span inches; W: 14.0 inches) in New Stanton Borough, West- bridges each having a total normal clear span of 589 feet moreland County. This permit also authorizes the and an underclearance of 71.9 feet across Georges Creek construction and maintenance of a temporary stream on S. R. 0043, Station 560+67; to construct and maintain crossing consisting of two 60-inch diameter culverts. This a temporary roadway crossing consisting of five (5) 36- permit was issued under section 105.13(e) ‘‘Small inch C. M. pipes in Georges Creek for the purpose of projects.’’ This permit also includes 401 Water Quality constructing above mentioned structures; to relocate and Certification. maintain a 215-foot length of channel of an unnamed tributary to Georges Creek along SR 0043, Section Southeast Regional Office: Program Manager, Water 566+00 and to fill and maintain 2.67 acres of wetlands as Management Program, Lee Park, Suite 6010, 555 North part of the construction of Section 50D of the Mon- Lane, Conshohocken, PA 19428.

PENNSYLVANIA BULLETIN, VOL. 27, NO. 18, MAY 3, 1997 2196 NOTICES

E15-537. Encroachment. The Home Depot, 3096 remove the existing Schenck Farm Bridge (County No. Hamilton Boulevard, South Plainfield, NJ 07080. To place 131) and to construct and maintain a steel girder bridge fill in a 0.50 acre ornamental pond, and to construct, having a clear normal span of 35 feet and a maximum operate and maintain two trapezoidal grassed stormwater underclearance of 8 feet across Kaufman Run on Forsythe outfall channels along Valley Creek (HV) associated with Road (T-781) approximately 4,200 feet north of S. R. 228 the construction of a Home Depot department store. The (Mars, PA Quadrangle N: 14.55 inches; W: 4.65 inches) site is located along the south side of Route 30, and about located in Adams Township, Butler County. This permit 1,000 feet east of its intersection with Route 202 (Malvern was issued under Section 105.13(e) ‘‘Small Projects.’’ This USCS Quadrangle N: 5.75 inches; W: 11.20 inches) in permit also includes 401 Water Quality Certification. East Whiteland Township, Chester County. E42-245. Encroachment. Thomas R. Hutton,P.O.Box Northeast Regional Office: Regional Soils and Water- 436, Pocono Pines, PA 18350-0436. To construct and ways Section, 2 Public Square, Wilkes-Barre, PA 18711- maintain two 5-foot diameter, 20-foot long culverts in 0790, telephone (717) 826-5485. King Run for a private driveway crossing approximately 100 feet east of Kings Run Road (T-430) and 2,400 feet E45-310. Connaught Laboratories, Inc., Route 611, south of Lynch Hollow Road (T-338) (Bullis Mills, PA P. O. Box 187, Swiftwater, PA 18370-0187. To modify and Quadrangle N: 14.1 inches; W: 3.75 inches) located in maintain two outfall structures in and along Swiftwater Ceres Township, McKean County. This permit was Creek as follows: 1) extend an existing 6-inch PVC issued under Section 105.13(e) ‘‘Small Projects.’’ This treated industrial wastewater outfall to discharge in the permit also includes 401 Water Quality Certification. center of the channel and 2) relocate an existing stormwater outfall utilizing a riprap-lined outfall channel. E43-256. Encroachment. Mercer County Commis- The project is located approximately 0.3 mile downstream sioners, 503 Mercer County Courthouse, Mercer, PA of S. R. 0611 (Mount Pocono, PA Quadrangle N: 17.0 16137. To remove the existing bridge (County No. 2629) inches; W: 9.8 inches) in Pocono Township, Monroe and to construct and maintain a 28-foot long concrete box County. culvert having a 20-foot wide by 2.62-foot high waterway opening in Pine Run on Uber Road (T-944) approximately E58-214. Pennsylvania Department of Transporta- 2,600 feet south of S. R. 58 (Mercer, PA Quadrangle tion, Engineering District 4-0, P. O. Box 111, Scranton, N: 11.2 inches; W: 5.3 inches) located in Findley Town- PA 18501. To remove the existing structure and to ship, Mercer County. This project includes impact to a construct and maintain a 22.0-foot × 9.0-foot precast de minimus wetland area. concrete box culvert on an 86 degree skew in Martins DAM SAFETY Creek. The culvert will be depressed 12 inches below existing streambed elevations with alternating 10 inch Actions on applications filed under the Dam Safety high concrete baffles along its invert. The project is and Encroachments Act (32 P. S. §§ 693.1—693.27) located along S. R. 2055, Section 570, approximately 0.1 and section 302 of the Flood Plain Management mile west of its intersection with S. R. 0011 (Montrose Act (32 P. S. § 679.302) and sections 5 and 402 of East, PA Quadrangle N: 1.6 inches; W: 0.5 inch) in The Clean Streams Law (35 P. S. §§ 691.5 and Brooklyn and Harford Townships, Susquehanna 691.402) and notice of final action for certification County. under section 401 of the Federal Water Pollution Control Act (33 U.S.C.A. § 1341(a)). E58-215. Encroachment. Byron Lesjack,P.O.Box 430, Hallstead, PA 18822. To place fill in approximately Permits Issued and Actions on 401 Certification 0.4 acre of wetlands for the purpose of expanding the Hallstead Railroad Station complex. The project is located Bureau of Waterways Engineering, 400 Market Street, on the east side of Railroad Street, approximately 0.25 6th Floor, P. O. Box 8554, Harrisburg, PA 17105-8554, mile west of the intersection of S. R. 0011 and S. R. 1010 telephone (717) 787-8568 (Great Bend, PA-N. Y. Quadrangle N: 15.8 inches; D58-006A. Dam. Dr. Kamel Kazan (752 Ratzer Road, W: 16.8 inches), in Hallstead Borough, Susquehanna Wayne, NJ 07470). To modify, operate and maintain the County. The permittee is required to provide 0.4 acre of Hathaway Pond Dam located in Ararat Township, replacement wetlands. Susquehanna County. Northwest Regional Office: Soils and Waterways Sec- ENVIRONMENTAL ASSESSMENT tion, 230 Chestnut Street, Meadville, PA 16335-3481, telephone (814) 332-6942. Environmental Assessment Approvals and Actions on 401 Certification E10-253. Encroachment. Regional Industrial Devel- opment Corporation of Southwestern Pennsylvania, Bureau of Waterways Engineering, 400 Market Street, 907 Penn Avenue, Pittsburgh, PA 15222-3805. To fill a 6th Floor, P. O. Box 8554, Harrisburg, PA 17105-8554, total of 0.26 acre of two wetland areas for construction of telephone (717) 787-8568. a 900-foot extension onto Keystone Drive South beginning approximately 550 feet north of Thorn Hill Road near the EA09-001CO. Environmental Assessment. The Cutler Allegheny-Butler County Line for access to a parcel Group, Inc. (5 Sentry Parkway West, Suite 100, 325 within Thorn Hill Industrial Park (Mars, PA Quadrangle Walton Road, Blue Bell, PA 19422). To construct and N: 9.0 inches; W: 15.7 inches) located in Cranberry maintain two nonjurisdictional dams across a tributary to Township, Butler County. This project includes creation Neshaminy Creek (TSF, MF) impacting approximately 0.9 of 0.3 acre of replacement wetland approximately 2,000 acre of wetlands (PFO) for the purpose of stormwater feet north adjacent to the wetland mitigation site associ- management at the proposed Warrington Crest subdivi- ated with DEP Permit No. E10-243. sion located immediately east of the intersection of Upper State Road and Pickertown Road (Doylestown, PA Quad- E10-254. Encroachment. Butler County Commis- rangle N: 4.75 inches; W: 8.70 inches) in Warrington sioners, P. O. Box 1028, Butler, PA 16003-1208. To Township, Bucks County.

PENNSYLVANIA BULLETIN, VOL. 27, NO. 18, MAY 3, 1997 NOTICES 2197

order and agreement with the ISCC Steering Committee SPECIAL NOTICES (Commiteee), a group of potentially responsible parties, regarding work to be performed at the Industrial Solvents Notice of Settlement under the Hazardous Sites and Chemical Company (ISCC) site. The ISCC site is a Cleanup Act 9-acre parcel of land in Newberry Township, York County, Industrial Solvents and Chemical Company adjacent to Interstate 83. The surrounding area is pri- Newberry Township, York County marily rural, although residential, commercial and industrial developments are located within a close vicinity of The Department of Environmental Protection (Depart- the site. A number of private residential and commercial ment), under the authority of the Hazardous Sites wells have been contaminated by hazardous substances Cleanup Act (HSCA) (35 P. S. §§ 6020.101—6020.1305), migrating from the ISCC site. has entered into a proposed consent order and agreement (COA) with Ferranti International Simulation and Train- ISCC was involved in the reprocessing of used solvents. ing (FIST) regarding the Department’s costs incurred for Because of violations of hazardous waste requirements, conducting response activities at the Industrial Solvents the Department on July 6, 1989, terminated ISCC’s and Chemical Company (ISCC) site. The ISCC site is a authority to operate a hazardous waste treatment and 9-acre parcel of land in Newberry Township, York County, storage facility. The site was abandoned in 1990 when adjacent to Interstate 83. The surrounding area is pri- ISCC declared bankruptcy. A total of 996 parties poten- marily rural, although residential, commercial, and indus- tially responsible for the hazardous substances located at trial developments are located within a close vicinity of the site. A number of private residential and commercial the ISCC site were identified by the Department. wells have been contaminated by hazardous substances Because of the threat to human health and the environ- migrating from the ISCC site. ment posed by the ISCC site, the site was placed on the ISCC was involved in the reprocessing of used solvents. Pennsylvania Priority List for Remedial Response on Because of violations of hazardous waste requirements, October 26, 1991. The Department and the Committee the Department on July 6, 1989, terminated ISCC’s have conducted a number of interim actions at the site to authority to operate a hazardous waste treatment and address the release or threat of release of hazardous storage facility. The site was abandoned in 1990 when substances. To date, the Department has incurred costs of ISCC declared bankruptcy. A total of 996 parties poten- approximately $3 million to implement and/or oversee tially responsible for the hazardous substances located at these interim actions. A final remedial action for the the ISCC site were identified by the Department. groundwater and soil at the ISCC site will be selected by the Department and implemented in the future. Because of the threat to human health and the environment posed by the ISCC site, the site was placed on the Under the terms of the proposed consent order and Pennsylvania Priority List for Remedial Response on agreement, the Committee will provide connection to a October 26, 1991. The Department and the Committee public water supply to certain parcels with impacted have conducted a number of interim actions at the site to groundwater. The Department published a notice of this address the release or threat of release of hazardous proposed interim response in the April 12, 1997, Pennsyl- substances. To date, the Department has incurred costs of vania Bulletin. If the proposed response is chosen, the approximately $3 million to implement and/or oversee work to be performed will comply with the Statement of these interim actions. A final remedial action for the Decision issued for this response. groundwater and soil at the ISCC site will be selected by the Department and implemented in the future. This notice is provided under section 1113 of HSCA (35 P. S. § 6020.1113). This section provides that the settle- Under the terms of the proposed COA, FIST will pay ment will become final upon the filing of the Depart- the Department $20,000. ment’s response to any significant written comments. The proposed consent order and agreement that contains the This notice is provided under section 1113 of HSCA (35 specific terms of the settlement is available for public P. S. § 6020.1113). This section provides that the settle- review and comment. The proposed amendment may be ment will become final upon the filing of the Depart- examined from 8 a.m. to 4 p.m. at the Department’s office ment’s response to any significant written comments. The at One Ararat Boulevard, Harrisburg, PA 17110, by proposed COA that contains the specific terms of the contacting Barbara Faletti at (717) 657-4592. A public settlement is available for public review and comment. comment period on the proposed consent order and The proposed amendment may be examined from 8 a.m. agreement will extend for 60 days from today’s date. to 4 p.m. at the Department’s office at One Ararat Persons may submit written comments regarding the Boulevard, Harrisburg, PA 17110, by contacting Barbara proposed consent order and agreement to the Department Faletti at (717) 657-4592. A public comment period on the by July 3, 1997, by submitting them to Barbara Faletti at proposed consent order and agreement will extend for 60 the above address. days from today’s date. Persons may submit written [Pa.B. Doc. No. 97-687. Filed for public inspection May 2, 1997, 9:00 a.m.] comments regarding the proposed consent order and agreement to the Department by July 3, 1997, by submitting them to Barbara Faletti at the above address.

Industrial Solvents and Chemical Company Newberry Township, York County Formation of New Technical Advisory Committees for Air and Water The Department of Environmental Protection (Depart- ment), under the authority of the Hazardous Sites The Department of Environmental Protection (Depart- Cleanup Act (HSCA) (35 P. S. §§ 6020.101—6020.1305) ment) announces the formation of two new technical has entered into a proposed amendment to a consent advisory committees to replace the former Air and Water

PENNSYLVANIA BULLETIN, VOL. 27, NO. 18, MAY 3, 1997 2198 NOTICES

Quality Technical Advisory Committee (AWQTAC). The Further information and both documents are available Water Resources Advisory Committee and the Air Techni- from the Division of Water Quality Assessment and cal Advisory Committee will assume and expand the roles Standards, Bureau of Watershed Conservation, P. O. Box of the Water and Air Subcommittees of AWQTAC. The 8555, Rachel Carson State Office Building, 10th Floor, first meetings of the new committees will be held in June 400 Market Street, Harrisburg, PA 17105-8555, (717) 1997 in the Rachel Carson State Office Building. 787-9637, or electronically on the DEP website (http:// The AWQTAC has provided the Department with in- www.dep.state.pa.us). Persons with a disability may use valuable scientific and technical advice since 1979, and the AT&T Relay Service by calling (800) 654-5984 (TDD the Department appreciates and heartily applauds their users) or (800) 654-5988 (voice users). Public hearings on assistance. The need for the AWQTAC to address complex the proposals are scheduled for May 7 and the public technical issues has increased greatly in recent years, and comment periods are open until May 21, 1997. this led to the split into two free-standing technical advisory committees. Persons in need of accommodations as provided for in the Americans With Disabilities Act of 1990 should Current members of the AWQTAC have been invited to contact Gloria Unger at (717) 783-4693 or through the retain membership on the new committee of their choos- ing. The new committees also offer the opportunity for Pennsylvania AT&T Relay Service at (800) 654-5984 the addition of a limited number of new members with (TDD) to discuss how the Department may accommodate particular science or technology backgrounds and skills their needs. that could benefit the water or air programs. Persons who JAMES M. SEIF, wish to offer their assistance to serve on either of the Secretary committees are requested to submit a letter of interest, [Pa.B. Doc. No. 97-689. Filed for public inspection May 2, 1997, 9:00 a.m.] describing their background and identifying the committee for which they wish to be considered, along with a current resume to Peggy Williamson, Department of Environmental Protection, Air, Recycling and Radiation Protection, P. O. Box 2063, Harrisburg, PA 17105-2063 by May 27, 1997. Resumes may also be faxed to Ms. Proposed State Plan To Implement Emission Williamson at (717) 787-8885 or E-mail williamson.peggy Guidelines for Municipal Solid Waste (MSW) @a1.dep.state.pa.us. Landfills; Public Hearing New members will be chosen based upon the Depart- ment’s need for specific areas of expertise in evaluating Under section 111(d) of the 1990 Clean Air Act Amend- options for the air and water programs and regulatory ments (CAA), the United States Environmental Protec- initiatives. tion Agency (EPA) promulgated emission guidelines (EG) for existing MSW landfills to control the emission of JAMES M. SEIF, landfill gases. (See 61 FR 9905, March 12, 1996). These Secretary emission guidelines establish criteria for existing landfills [Pa.B. Doc. No. 97-688. Filed for public inspection May 2, 1997, 9:00 a.m.] using best demonstrated technology. A MSW landfill is considered an existing MSW landfill if the facility began construction, modification or recommendation before May 30, 1991; or received waste on or after November 8, 1987, or has additional capacity available for the future deposi- Proposed Amendments to Water Quality Stan- tion of waste control of landfill gases from existing dards—Antidegradation Policy landfills using best demonstrated technology. As required under 40 CFR 60.23(a), states must submit The Department of Environmental Protection is holding to the EPA a State Plan to implement and enforce the a public meeting to discuss and respond to questions on requirements of the EG for MSW landfills within 9 proposed amendments to the water quality antidegrada- months after notice of the availability of a final EG. tion policy and implementation procedures. Therefore, states should have submitted State Plans for The public meeting will be held on Thursday, May 15, MSW landfills to the EPA no later than December 12, 1997 at 6:30 p.m. at the Bucks County Courthouse 1996. The State Plans, developed and implemented under Community Room, 55 E. Court Street, Doylestown, PA. section 111(d) of the CAA, are not elements of State Implementation Plans required under section 110 of the The Environmental Quality Board (EQB) recently ap- CAA. proved and published proposed amendments to the antidegradation policy in the Pennsylvania Bulletin on In this Commonwealth, approximately 22 existing March 22, 1997. At the same time, the Department MSW landfills are subject to the EG for MSW landfills. published proposed new implementation procedures to Consequently, the Department of Environmental Protec- supplement the regulation. tion (Department) must develop a State Plan to imple- Pennsylvania’s previous water quality antidegradation ment the section 111(d) requirements to control landfill policy was replaced in large part in January 1997 by gases at existing MSW landfills. The Department will EPA, which promulgated the Federal antidegradation hold three public hearings for the purpose of accepting policy for Pennsylvania. EPA was responding to a court testimony on the proposed State Plan for MSW landfills. order issued in response to a suit that averred EPA failed The public hearings will be held at 1 p.m. on the to require Pennsylvania to meet Federal requirements for following dates at the following Department locations: an antidegradation policy. Pennsylvania proposes to re- June 6, 1997 Rachel Carson State Office Building place the ‘‘one size fits all’’ Federal regulation with the Room 105 proposed regulation which reflects Pennsylvania specific 400 Market Street concerns. Harrisburg, PA 17105-2063

PENNSYLVANIA BULLETIN, VOL. 27, NO. 18, MAY 3, 1997 NOTICES 2199

June 9, 1997 Southeast Regional Office Date of Main Conference Room Contractor Address Debarment 555 North Lane, Suite 6010 Michael R. Olson, 18 Conewango 3/26/97 Conshohocken, PA 19428 t/a/ Olson Avenue June 10, 1997 Southwest Regional Office Contracting & Warren, PA 16365 Waterfront Room B Construction 400 Waterfront Drive Company Pittsburgh, PA 15222-4745 [Pa.B. Doc. No. 97-691. Filed for public inspection May 2, 1997, 9:00 a.m.] Persons wishing to present testimony at a hearing should contact Kimberly Maneval at the Department of Environmental Protection, Bureau of Air Quality, P. O. Box 8468, Harrisburg, PA 17105, or by telephone at (717) Sub-State Resource Distribution 787-4325 at least 1 week in advance of the hearing to reserve a time to present testimony. Persons who do not Under 20 CFR 652.4, the Department of Labor and reserve a time to testify will be able to testify after Industry (Department) is making public the following preregistered witnesses. Each witness must keep oral sub-State resource distributions. These distributions are testimony to 10 minutes, and submit three copies of the for activities under the Wagner-Peyser Act as amended by oral testimony at the hearing. Each organization should the Job Training Partnership Act (JTPA) and are for the designate one witness to present testimony on its behalf. Program Year 1997 (July 1, 1997—June 30, 1998). Under section 4 of the Wagner-Peyser Act, the Governor has Persons interested in submitting written comments on designated the Department as the State agency vested the proposed State Plan should send the comments to with all powers necessary to cooperate with the United Krishnan Ramamurthy, Chief, Technical Support Section, States Employment Service in the operation of the public Division of Permits, P. O. Box 8468, Harrisburg, PA Employment Service System. 17105-8468. Written comments must be received by the close of business on June 18, 1997. Copies of the proposed The basic purpose of the Employment Service System is adopted State Plan for MSW landfills may be obtained to improve the functioning of the Nation’s labor markets from Krishnan Ramamurthy at the above address or by by bringing together individuals who are seeking employ- telephone at (717) 787-4325 (e-mail: ramamurthy. ment and employers who are seeking workers. The [email protected]). This proposed State Plan Bureau of Employment Services and Training and the Office of Job Center Field Operations in the Department is also available on the Department’s Web site at http:// administer a labor exchange system which has the capac- www.dep.state.pa.us (choose Public Participation Center/ ity: Proposals Open for comment). 1. To assist job seekers in finding employment. Persons with disability who will attend a hearing and require an auxiliary aid, service or other accommodation 2. To assist employers in filing jobs. to participate in the proceeding should contact Krishnan 3. To facilitate the match between job seekers and Ramamurthy at the above address or telephone number; employers. or for TDD users, the AT&T Relay Service at (800) 654-5984 to discuss how the Department can best accom- 4. To participate in a system for clearing labor between modate their needs. the states, including the use of standardized classification systems issued by the Secretary under JTPA section JAMES M. SEIF, 462(c)(3). Secretary [Pa.B. Doc. No. 97-690. Filed for public inspection May 2, 1997, 9:00 a.m.] 5. To meet the work test requirements of the State Unemployment Compensation system. The sub-State resource distributions are for activities funded under section 7(a) of the Wagner-Peyser Act. Section 7(a) authorizes 90% of the sums allocated to each state to be used to support the basic labor exchange DEPARTMENT OF service. The distributions are listed by the 28 Pennsylvania LABOR AND INDUSTRY Service Delivery Areas. The monetary figures represent planned cost for personal salaries and personal benefits of Current Prevailing Wage Act Debarments Job Service/Job Center personnel delivering Wagner- Peyser section 7(a) direct services within each Service The contractor referenced below has been determined to Delivery Area (SDA). have intentionally violated the Pennsylvania Prevailing Wage Act (act) (43 P. S. §§ 165-11—165-17). This notice is The following formula was utilized in producing the published for the information and convenience of public sub-State resource distribution: 60% based on the civilian bodies subject to the act. Under section 11(e) of the act labor force within the SDA; 30% based on the number of (43 P. S. § 165-11(e)), this person or this firm, or any unemployed within the SDA; 5% based on the number of firms, corporations or partnerships in which such person noncollege bound public and private high school gradu- or firm has an interest, shall be awarded no contract for 3 ates; and 5% based on the number of public and years after the date listed. nonpublic high school dropouts (ages 21 and under). JOHNNY J. BUTLER, The funding formula reflects Pennsylvania’s Employ- Secretary ment and Training Plan, the joint goals of the Job

PENNSYLVANIA BULLETIN, VOL. 27, NO. 18, MAY 3, 1997 2200 NOTICES

Training Partnership and Wagner-Peyser Acts Programs business on June 16, 1997. Comments should be for- and the funding methodology from the Federal govern- warded to: John C. Vogel, Director, Bureau of Employ- ment. ment Services and Training, 12th Floor, Labor and Indus- Interested parties wishing to comment on the sub-State try Building, Seventh and Forster Streets, Harrisburg, PA resource distribution must do so in writing by the close of 17121.

SDA Name Counties Served Sub-State No. Resource Distribution 1 Erie Area Job Training Partnership Erie (including city of Erie) $435,409 2 Northwest PA Training Partnership Clarion, Crawford, Forest, $352,544 Consortium, Inc. Venango, Warren 3 City of Pittsburgh Pittsburgh $500,881 4 Allegheny County Department of Federal Allegheny $1,353,524 Programs 5 Job Training for Beaver County, Inc. Beaver $253,767 6 Tri-County Private Industry Council, Inc. Armstrong, Butler, Indiana $492,516 7 PIC of Westmoreland, Fayette, Inc. Fayette, Westmoreland $767,087 8 Washington/Greene County Job Training Agency Greene, Washington $359,346 9 North Central PA Regional Planning & Cameron, Clearfield, Elk, Jef- $369,491 Development Commission ferson, McKean, Potter 10 Southern Alleghenies Planning & Development Bedford, Blair, Cambria, Fulton, $743,014 Commission Huntingdon, Somerset 11 Mid-State Employment and Training Centre, Clinton, Columbia, $693,691 Consortium Lycoming, Mifflin, Snyder, Union 13 Northern Tier Regional Planning & Development Bradford, Sullivan, $275,905 Commission Susquehanna, Tioga, Wyoming 14 Scranton-Lackawanna Human Development Lackawanna $330,866 Agency, Inc. 15 Pocono Counties Service Delivery Area Carbon, Monroe, Pike, Wayne $405,572 16 Luzerne County Human Resources Development Luzerne, Schuylkill $761,768 Department 17 Philadelphia Private Industry Council Philadelphia $2,351,682 18 Bucks County Office of Employment and Training Bucks $854,945 19 Montgomery County Training and Employment Montgomery $992,243 Program 20 Delaware County Office of Employment and Delaware $776,886 Training 21 Chester County Office of Employment and Chester $548,422 Training 22 Private Industry Council of Lehigh Valley, Inc. Lehigh, Northampton $806,941 23 Berks County Employment and Training Office Berks $507,300 24 Susquehanna Employment and Training Cumberland, Dauphin, Juniata, $931,306 Corporation Lebanon, Perry 25 Lancaster Employment and Training Agency Lancaster $622,388 26 York County Office of Employment and Training York $534,437 27 Franklin/Adams Employment & Training Adams, Franklin $304,700 Consortium 28 West Central Job Partnership Private Industry Lawrence, Mercer $289,829 Council of Mercer and Lawrence Counties 29 Northumberland/Montour Training Services, Inc. Montour, Northumberland $170,942 JOHNNY J. BUTLER, Secretary [Pa.B. Doc. No. 97-692. Filed for public inspection May 2, 1997, 9:00 a.m.]

PENNSYLVANIA BULLETIN, VOL. 27, NO. 18, MAY 3, 1997 NOTICES 2201 DEPARTMENT OF PUBLIC WELFARE Medical Assistance Program Fee Schedule Revisions; 1997 HCPCS Updates

By this notice, the Department of Public Welfare announces effective January 1, 1997 that changes have been made to the Medical Assistance Program Fee Schedule as a result of implementing the 1997 updates to the Health Care Financing Administration Common Procedure Coding System (HCPCS). The Federally required updates add new procedure codes which are compensable beginning January 1, 1997. The procedure codes being deleted from the fee schedule as a result of those updates will not be compensable for services provided after March 31, 1997. Changes to the Medical Assistance Program Fee Schedule Effective May 1, 1997 for Provider Types 05, 19 and 23 FEE CHANGES: Type of Service Procedure Code Description MA Fee Change 9R E0570 Nebulizer with Compressor $72.82 $18.82 9R E0651 Pneumatic Compressor Segmental Home $70.68 $70.69 Model Without Calibrated Gradient Pressure 9R K0005 Ultralight Wheelchair $162.47 $162.48 Additions Effective January 1, 1997

TOS Procedure Code Fee TOS Procedure Code Fee AE, 55 A6196 6.62 AE, 55 A6224 3.25 AE, 55 A6197 14.81 AE, 55 A6228 2.51 AE, 55 A6198 19.42 AE, 55 A6229 3.25 AE, 55 A6199 4.76 AE, 55 A6234 5.89 AE, 55 A6203 3.01 AE, 55 A6235 15.16 AE, 55 A6204 5.61 AE, 55 A6236 24.54 AE, 55 A6205 4.68 AE, 55 A6237 7.12 AE, 55 A6206 .99 AE, 55 A6238 20.53 AE, 55 A6207 6.61 AE, 55 A6239 18.70 AE, 55 A6209 6.75 AE, 55 A6240 11.03 AE, 55 A6210 17.94 AE, 55 A6241 2.31 AE, 55 A6211 26.46 AE, 55 A6242 5.47 AE, 55 A6212 8.74 AE, 55 A6243 11.10 AE, 55 A6213 11.60 AE, 55 A6244 35.38 AE, 55 A6214 9.27 AE, 55 A6245 6.54 AE, 55 A6216 .07 AE, 55 A6246 8.93 AE, 55 A6217 .39 AE, 55 A6247 21.42 AE, 55 A6218 .59 AE, 55 A6248 14.63 AE, 55 A6219 .86 AE, 55 A6251 1.80 AE, 55 A6220 2.32 AE, 55 A6252 2.93 AE, 55 A6221 3.63 AE, 55 A6253 5.72 AE, 55 A6222 1.91 AE, 55 A6254 1.07 AE, 55 A6223 2.17 AE, 55 A6255 2.73 AE, 55 A6256 1.53 AE, 55 A6402 .12 AE, 55 A6257 1.38 AE, 55 A6403 .40 AE, 55 A6258 3.87 AE, 55 A6405 .31 AE, 55 A6259 9.85 AE, 55 A6406 .74 AE, 55 A6266 1.73

9P K0268 99.28

AE, 55 K0419 15.93 AE, 55 K0428 8.93 AE, 55 K0420 44.14 AE, 55 K0429 4.73

PENNSYLVANIA BULLETIN, VOL. 27, NO. 18, MAY 3, 1997 2202 NOTICES

TOS Procedure Code Fee TOS Procedure Code Fee AE, 55 K0421 3.98 AE, 55 K0430 6.24 AE, 55 K0422 28.53 AE, 55 K0431 3.73 AE, 55 K0423 13.94 AE, 55 K0432 4.05 AE, 55 K0424 34.63 AE, 55 K0433 5.77 AE, 55 K0425 4.28 AE, 55 K0434 8.92 AE, 55 K0426 22.84 AE, 55 K0435 6.56 AE, 55 K0427 26.16 AE, 55 K0436 6.17 AE, 55 K0437 8.51

AE, 55 L4390 107.39 AM, 55 L4396 114.15 AE, 55 K4392 16.01 AM, 55 L4398 52.55 AE, 55 K4394 11.68 End-dated March 31, 1997

TOS Procedure Code TOS Procedure Code TOS Procedure Code AE, 55 K0223 AE, 55 K0243 AE, 55 K0257 AE, 55 K0224 AE, 55 K0244 AE, 55 K0258 AE, 55 K0228 AE, 55 K0245 AE, 55 K0259 AE, 55 K0229 AE, 55 K0246 AE, 55 K0266 AE, 55 K0234 AE, 55 K0247 AE, 55 K0275 AE, 55 K0235 AE, 55 K0248 AE, 55 K0276 AE, 55 K0236 AE, 55 K0249 AE K0402 AE, 55 K0237 AE, 55 K0251 AE K0403 AE, 55 K0238 AE, 55 K0252 AE K0405 AE, 55 K0239 AE, 55 K0253 AE K0406 AE, 55 K0240 AE, 55 K0254 AE, 55 L4200 AE, 55 K0241 AE, 55 K0255 AE, 55 K0242 AE, 55 K0256 Changes to the Medical Assistance Program Fee Schedule for Provider Types 01, 03, 04, 10, 11, 12, 15, 16, 17, 20, 30, 43, 49 and 50: Additions Effective January 1, 1997

TOS Procedure Code Fee TOS Procedure Code Fee 20 11010 340.00 20 24341 600.10 27 11010 776.00 27 24341 776.00 40 11010 136.00 40 24341 240.04 20 11011 405.24 20 26185 376.74 27 11011 776.00 27 26185 776.00 40 11011 162.10 40 26185 150.70 20 11012 563.23 10 26546 139.26 27 11012 776.00 20 26546 696.31 40 11012 225.29 27 26546 776.00 20 11720 20.00 40 26546 278.52 20 11721 20.00 10 15756 200.00 10 26551 200.00 20 15756 1000.00 20 26551 1000.00 27 15756 776.00 27 26551 776.00 40 15756 400.00 40 26551 400.00 10 15757 200.00 10 26553 200.00

PENNSYLVANIA BULLETIN, VOL. 27, NO. 18, MAY 3, 1997 NOTICES 2203

TOS Procedure Code Fee TOS Procedure Code Fee 20 15757 1000.00 20 26553 1000.00 27 15757 776.00 27 26553 776.00 40 15757 400.00 40 26553 400.00 10 15758 200.00 10 26554 200.00 20 15758 1000.00 20 26554 1000.00 27 15758 776.00 27 26554 776.00 40 15758 400.00 40 26554 400.00 10 20150 200.00 10 26556 200.00 20 20150 1000.00 20 26556 1000.00 27 20150 776.00 27 26556 776.00 40 20150 400.00 40 26556 400.00 10 20956 200.00 20 27036 982.42 20 20956 1000.00 27 27036 776.00 27 20956 776.00 40 27036 392.97 40 20956 400.00 20 49021 474.45 10 20957 200.00 27 49021 776.00 20 20957 1000.00 40 49021 189.78 27 20957 776.00 20 52301 364.49 40 20957 400.00 27 52301 776.00 10 24149 200.00 40 52301 145.80 20 24149 1000.00 10 61586 200.00 27 24149 776.00 20 61586 1000.00 40 24149 400.00 40 61586 400.00 10 24341 120.00 54 92978 245.12 80 93315 264.00 RD 92978 150.13 AZ 93316 126.81 57 92978 94.99 AY 93317 137.19 20 G0051 39.04 54 G0062 24.94 20 G0052 12.51 RD G0062 35.35 20 G0053 214.86 57 G0062 10.91 54 G0063 115.96 RD G0063 101.81 57 G0063 14.15 End-dated March 31, 1997

TOS Procedure Code TOS Procedure Code 86 Q0116 20, 27, 40 68800 20 11700 20, 27, 40 68820 20 11701 20, 27, 40 68825 10, 20, 27, 40 15755 20, 27, 40 68830 10, 20, 40 20960 80 93201 10, 20, 40 20971 80 93202 10, 20, 27, 40 25330 80 93204 10, 20, 40 25331 80 93205 10, 20, 40 26552 AY 93208 10, 20, 40 26557 AZ 93209 10, 20, 40 26558 80 93220 10, 20, 40 26559 AY 93221

PENNSYLVANIA BULLETIN, VOL. 27, NO. 18, MAY 3, 1997 2204 NOTICES

TOS Procedure Code TOS Procedure Code 10, 20, 27, 40 42880 AZ 93222 20, 40 53640 80, AY, AZ 94160 10, 20, 27, 40 56360 60, PT 97500 10, 25, 27, 40 56361 60, ED, RT 97501 60, ED, RT 97521

The fiscal note was prepared under provision of section designated as Game 1, Game 2, Game 3 and Game 4. 612 of The Administrative Code of 1929 (71 P. S. § 232). Each ‘‘Game’’ is played separately. The play symbols and Price changes made to the Medical Assistance Fee their captions located in the play areas for Game 1, Game Schedule are routinely included in carryforward budget 2, Game 3 and Game 4 are: 6 (SIX), 7 (SEVEN), 8 estimates. (EIGHT), 9 (NINE), 10 (TEN), J (JACK), Q (QUEEN), K (KING) and A (ACE). Contact Person 4. Prizes: The prizes that can be won in this game are Interested persons are invited to submit written com- $1, $2, $5, $10, $25, $50, $100, $1,000 and $5,000. The ments to this notice within 30 days of this publication. player can win up to four times on each ticket. Comments should be sent to the Department of Public Welfare, Office of Medical Assistance Programs, c/o Regu- 5. Approximate Number of Tickets Printed For the lations Coordinator, Room 515, Health and Welfare Build- Game: Approximately 14,661,000 tickets will be printed ing, Harrisburg, PA 17120. for the Pennsylvania Card Shark instant lottery game. Persons with a disability may use the AT&T Relay 6. Determination of Prize Winners: Service by calling (800) 654-5984 (TDD users) or (800) (a) Holders of tickets with three matching A (ACE) play 654-5988 (Voice users). Persons who require another symbols in the same ‘‘Game,’’ on a single ticket, shall be alternative format should contact Thomas Vracarich at entitled to a prize of $5,000. (717) 783-2209. (b) Holders of tickets with three matching K (KING) FEATHER O. HOUSTOUN, play symbols in the same ‘‘Game,’’ on a single ticket, shall Secretary be entitled to a prize of $1,000. Fiscal Note: 14-NOT-143. No fiscal impact; (8) recommends adoption. Price changes to the Medical Assistance (c) Holders of tickets with three matching Q (QUEEN) Fee Schedule are included in the Medical Assistance— play symbols in the same ‘‘Game,’’ on a single ticket, shall Outpatient appropriations in the General Appropriations be entitled to a prize of $100. Act and the Governor’s Budget. (d) Holders of tickets with three matching J (JACK) [Pa.B. Doc. No. 97-693. Filed for public inspection May 2, 1997, 9:00 a.m.] play symbols in the same ‘‘Game,’’ on a single ticket, shall be entitled to a prize of $50. (e) Holders of tickets with three matching 10 (TEN) play symbols in the same ‘‘Game,’’ on a single ticket, shall be entitled to a prize of $25. DEPARTMENT OF (f) Holders of tickets with three matching 9 (NINE) play symbols in the same ‘‘Game,’’ on a single ticket, shall REVENUE be entitled to a prize of $10. Pennsylvania Card Shark Instant Lottery Game (g) Holders of tickets with three matching 8 (EIGHT) play symbols in the same ‘‘Game,’’ on a single ticket, shall Under the provisions of the State Lottery Law (72 P. S. be entitled to a prize of $5. §§ 3761-1—3761-15), and the provisions of 61 Pa. Code (h) Holders of tickets with three matching 7 (SEVEN) § 819.203 (relating to notice of instant game rules), the play symbols in the same ‘‘Game,’’ on a single ticket, shall Secretary of Revenue hereby provides public notice of the be entitled to a prize of $2. rules for the following instant lottery game: (i) Holders of tickets with three matching 6 (SIX) play 1. Name: The name of the game is Pennsylvania Card symbols in the same ‘‘Game,’’ on a single ticket, shall be Shark. entitled to a prize of $1. 2. Price: The price of a Pennsylvania Card Shark 7. Number and Description of Prizes and Approximate instant lottery game ticket is $1.00. Odds: The following table sets forth the approximate 3. Play Symbols: Each Pennsylvania Card Shark in- number of winners, amounts of prizes, and approximate stant lottery game ticket will contain four play areas odds of winning:

Match Three Approximate No. of Like Cards In Approximate Winners Per 14,661,000 Each Game Win Odds Tickets $1 $1 1:10 1,466,100 $1 + $1 $2 1:25 586,440 $2 $2 1:40 366,525

PENNSYLVANIA BULLETIN, VOL. 27, NO. 18, MAY 3, 1997 NOTICES 2205

Match Three Approximate No. of Like Cards In Approximate Winners Per 14,661,000 Each Game Win Odds Tickets $1 + $1 + $1 $3 1:60 244,350 $2 + $2 $4 1:150 97,740 $1 + $1 + $1 + $1 $4 1:150 97,740 $5 $5 1:300 48,870 $5 + $5 $10 1:600 24,435 $10 $10 1:1,200 12,219 $5 + $5 + $5 $15 1:2,000 7,331 $5 + $5 + $5 + $5 $20 1:300 48,870 $10 + $10 $20 1:2,500 5,864 $25 $25 1:4,999 2,933 $25 + $25 $50 1:1,200 12,219 $50 $50 1:2,000 7,331 $25 + $25 + $25 + $25 $100 1:6,000 2,444 $50 + $50 $100 1:12,009 1,221 $100 $100 1:24,017 610 $1,000 $1,000 1:374,670 39 $5,000 $5,000 1:749,340 20

8. Retailer Incentive Awards: The Lottery may conduct 2. Price: The price of a Pennsylvania Cash Cow ’97 a separate Retailer Incentive Game for retailers who sell instant lottery game ticket is $1.00. Pennsylvania Card Shark instant lottery game tickets. 3. Play Symbols: Each Pennsylvania Cash Cow ’97 The conduct of the game will be governed by 61 Pa. Code instant lottery game ticket will contain one ‘‘Play Area.’’ § 819.222 (relating to retailer bonuses and incentives). The play symbols and their captions located in the ‘‘Play 00 00 00 9. Unclaimed Prize Money: For a period of 1 year from Area’’ are: $1 (ONE), $2 (TWO), $5 (FIVE), $10$ the announced close of Pennsylvania Card Shark, prize (TEN), $25$ (TWEN-FIV), $50$ (FIFTY), $100 (ONE money on winning Pennsylvania Card Shark instant HUN) and $500 (FIV HUN). lottery game tickets will be retained by the Secretary for 4. Prizes: The prizes that can be won in this game are payment to the persons entitled thereto. If no claim is $1, $2, $5, $10, $25, $50, $100 and $500. made within 1 year of the announced close of the Pennsylvania Card Shark instant lottery game, the right 5. Approximate Number of Tickets Printed For the of a ticket holder to claim the prize represented by the Game: Approximately 11,403,000 tickets will be printed ticket, if any, will expire and the prize money will be paid for the Pennsylvania Cash Cow ’97 instant lottery game. into the State Lottery Fund and used for purposes 6. Determination of Prize Winners: provided for by statute. (a) Holders of tickets with three matching play symbols 10. Governing Law: In purchasing a ticket, the cus- of $500 (FIV HUN) in the ‘‘Play Area’’ on a single ticket, tomer agrees to comply with and abide by the State shall be entitled to a prize of $500. Lottery Law (72 P. S. §§ 3761-1—3761.15), the regulations contained in 61 Pa. Code Part V (relating to State (b) Holders of tickets with three matching play symbols Lotteries) and the provisions contained in this notice. of $100 (ONE HUN) in the ‘‘Play Area’’ on a single ticket, shall be entitled to a prize of $100. 11. Termination of the Game: The Secretary may an- (c) Holders of tickets with three matching play symbols nounce a termination date, after which no further tickets of $50$ (FIFTY) in the ‘‘Play Area’’ on a single ticket, from this game may be sold. The announcement will be shall be entitled to a prize of $50. disseminated through media used to advertise or promote Pennsylvania Card Shark or through normal communica- (d) Holders of tickets with three matching play symbols tions methods. of $25$ (TWEN-FIV) in the ‘‘Play Area’’ on a single ticket, ROBERT A. JUDGE, Sr., shall be entitled to a prize of $25. Secretary (e) Holders of tickets with three matching play symbols [Pa.B. Doc. No. 97-694. Filed for public inspection May 2, 1997, 9:00 a.m.] of $10$ (TEN) in the ‘‘Play Area’’ on a single ticket, shall be entitled to a prize of $10. (f) Holders of tickets with three matching play symbols of $500 (FIVE) in the ‘‘Play Area’’ on a single ticket, shall be entitled to a prize of $5. Pennsylvania Cash Cow ’97 Instant Lottery Game (g) Holders of tickets with three matching play symbols 00 Under the provisions of the State Lottery Law (72 P. S. of $2 (TWO) in the ‘‘Play Area’’ on a single ticket, shall §§ 3761-1—3761-15), and the provisions of 61 Pa. Code be entitled to a prize of $2. § 819.203 (relating to notice of instant game rules), the (h) Holders of tickets with three matching play symbols Secretary of Revenue hereby provides public notice of the of $100 (ONE) in the ‘‘Play Area’’ on a single ticket, shall rules for the following instant lottery game: be entitled to a prize of $1. 1. Name: The name of the game is Pennsylvania Cash (i) A prize will be paid only for the highest Pennsylva- Cow ’97. nia Cash Cow ’97 instant lottery game prize won on the

PENNSYLVANIA BULLETIN, VOL. 27, NO. 18, MAY 3, 1997 2206 NOTICES ticket if the ticket meets the criteria established in 61 2. Price: The price of a Pennsylvania Fat Cat Doubler Pa. Code § 819.213 (relating to ticket validation and instant lottery game ticket is $1.00. requirements). 3. Play Symbols: Each Pennsylvania Fat Cat Doubler instant lottery game ticket will contain one ‘‘Play Area.’’ 7. Number and Description of Prizes and Approximate The play symbols and their captions located in the ‘‘Play Odds: The following table sets forth the approximate Area’’ are: FREE (TICKET), $100 (ONE), $300 (THREE), number of winners, amounts of prizes, and approximate $900 (NINE), $18$ (EIGHTEEN), $27$ (TWEN-SEV), odds of winning: $99$ (NIN-NIN), $1000 (ONE THO), $10000 (TEN THO) Approximate No. of and a Mouse Symbol (MOUSE). Approximate Winners Per 11,403,000 4. Prizes: The prizes that can be won in this game are Win Odds Tickets one free ticket, $1, $2, $3, $6, $9, $18, $27, $36, $54, $99, $1 1:9 1,267,000 $1,000 and $10,000. $2 1:25 456,120 $5 1:75 152,040 5. Approximate Number of Tickets Printed For the $10 1:150 76,020 Game: Approximately 14,554,800 tickets will be printed $25 1:200 57,015 for the Pennsylvania Fat Cat Doubler instant lottery $50 1:799.98 14,254 game. $100 1:4,999 2,281 6. Determination of Prize Winners: $500 1:14,987 761 (a) Holders of tickets with three matching play symbols 8. Retailer Incentive Awards: The Lottery may conduct of $10000 (TEN THO) in the ‘‘Play Area’’ on a single a separate Retailer Incentive Game for retailers who sell ticket, shall be entitled to a prize of $10,000. Pennsylvania Cash Cow ’97 instant lottery game tickets. (b) Holders of tickets with three matching play symbols The conduct of the game will be governed by 61 Pa. Code of $1000 (ONE THO) in the ‘‘Play Area’’ on a single ticket, § 819.222 (relating to retailer bonuses and incentives). shall be entitled to a prize of $1,000. 9. Unclaimed Prize Money: For a period of 1 year from (c) Holders of tickets with three matching play symbols the announced close of Pennsylvania Cash Cow ’97, prize of $99$ (NIN-NIN) in the ‘‘Play Area’’ on a single ticket, shall be entitled to a prize of $99. money on winning Pennsylvania Cash Cow ’97 instant lottery game tickets will be retained by the Secretary for (d) Holders of tickets with two matching play symbols payment to the persons entitled thereto. If no claim is of $27$ (TWEN-SEV), and a Mouse play symbol (Mouse) made within 1 year of the announced close of the in the ‘‘Play Area’’ on a single ticket, shall be entitled to a Pennsylvania Cash Cow ’97 instant lottery game, the prize of $54. right of a ticket holder to claim the prize represented by (e) Holders of tickets with two matching play symbols the ticket, if any, will expire and the prize money will be of $18$ (EIGHTEEN), and a Mouse play symbol (Mouse) paid into the State Lottery Fund and used for purposes in the ‘‘Play Area’’ on a single ticket, shall be entitled to a provided for by statute. prize of $36. 10. Governing Law: In purchasing a ticket, the cus- (f) Holders of tickets with three matching play symbols tomer agrees to comply with and abide by the State of $27$ (TWEN-SEV) in the ‘‘Play Area’’ on a single Lottery Law (72 P. S. §§ 3761-1—3761-15), the regula- ticket, shall be entitled to a prize of $27. tions contained in 61 Pa. Code Part V (relating to State Lotteries) and the provisions contained in this notice. (g) Holders of tickets with three matching play symbols of $18$ (EIGHTEEN) in the ‘‘Play Area’’ on a single 11. Termination of the Game: The Secretary may an- ticket, shall be entitled to a prize of $18$. nounce a termination date, after which no further tickets (h) Holders of tickets with two matching play symbols from this game may be sold. The announcement will be of $900 (NINE), and a Mouse play symbol (MOUSE) in disseminated through media used to advertise or promote the ‘‘Play Area’’ on a single ticket, shall be entitled to a Pennsylvania Cash Cow ’97 or through normal communi- prize of $18. cations methods. (i) Holders of tickets with three matching play symbols ROBERT A. JUDGE, Sr., 00 Secretary of $9 (NINE) in the ‘‘Play Area’’ on a single ticket, shall be entitled to a prize of $9. [Pa.B. Doc. No. 97-695. Filed for public inspection May 2, 1997, 9:00 a.m.] (j) Holders of tickets with two matching play symbols of $300 (THREE), and a Mouse play symbol (MOUSE) in the ‘‘Play Area’’ on a single ticket, shall be entitled to a prize of $6. Pennsylvania Fat Cat Doubler Instant Lottery (k) Holders of tickets with three matching play symbols Game of $300 (THREE) in the ‘‘Play Area’’ on a single ticket, shall be entitled to a prize of $3. Under the provisions of the State Lottery Law (72 P. S. (l) Holders of tickets with two matching play symbols §§ 3761-1—3761-15), and the provisions of 61 Pa. Code of $100 (ONE), and a Mouse play symbol (MOUSE) in the § 819.203 (relating to notice of instant game rules), the ‘‘Play Area’’ on a single ticket, shall be entitled to a prize Secretary of Revenue hereby provides public notice of the of $2. rules for the following instant lottery game: (m) Holders of tickets with three matching play sym- 1. Name: The name of the game is Pennsylvania Fat bols of $100 (ONE) in the ‘‘Play Area’’ on a single ticket, Cat Doubler. shall be entitled to a prize of $1.

PENNSYLVANIA BULLETIN, VOL. 27, NO. 18, MAY 3, 1997 NOTICES 2207

(n) Holders of tickets with three matching play symbols (2) With the aid of mechanical or automatic drawing of FREE (TICKET) in the ‘‘Play Area’’ on a single ticket, equipment, ten container codes will be selected. The codes shall be entitled to a prize of one Pennsylvania instant will determine the containers from which the ten finalists’ lottery game ticket of equivalent sale price which is tickets will be ultimately selected. One winning finalist currently on sale, plus an entry into a Semifinal Grand ticket will be drawn from the first container selected. One Prize Drawing to qualify for a Grand Prize Drawing with winning ticket will then be selected from the second prizes of $5,000, $50,000, $75,000, $100,000, or an annu- selected container and this procedure will be repeated ity worth $1 million ($50,000 a year for 20 years). until ten finalists have been selected for each Grand Prize (o) A prize will be paid only for the highest Pennsylva- Drawing. nia Fat Cat Doubler instant lottery game prize won on (d) Manner of conducting Grand Prize Drawings. the ticket if the ticket meets the criteria established in 61 (1) Following the selection of the ten finalists as de- Pa. Code § 819.213 (relating to ticket validation and scribed in subsection (c), there will be Grand Prize requirements). Drawings held at the discretion of the Director. 7. Grand Prize Drawing Procedure: (2) The Lottery will award the following prizes to the (a) Frequency. eligible finalists in each of the Grand Prize Drawings: (1) Grand Prize Drawings will be held on dates to be No. of determined by the Secretary. The dates and locations will Grand Drawing Prizes Winners Amount be announced by the Director. Grand Prize 1 $1 million/annuity, or (2) From the commencement of Pennsylvania Fat Cat $100,000, or $75,000, Doubler until the deadline announced by the Director, or $50,000 there will be ten Grand Prize finalists selected for each Consolation Prize 9 $5,000 Grand Prize Drawing. Grand Prize finalists will be (e) Procedure for conducting Grand Prize Drawings. selected in Semifinal Grand Prize Drawings on dates to (1) At a Grand Prize Drawing, a mechanical device in be determined by the Secretary and announced by the the shape of two concentric wheels will be used, a smaller Director. wheel directly in front of a larger wheel. The larger wheel (b) Eligibility for Semifinal Grand Prize Drawings.To will have ten spaces each marked with a letter, ‘‘a’’ be eligible for a Semifinal Grand Prize Drawing, a winner through ‘‘j,’’ inclusive, inscribed clockwise in alphabetical having a free winning ticket shall timely claim it at a order. The names of the selected ten finalists will be participating Lottery sales retailer and properly complete placed on the larger wheel in the order that they were the back of the ticket. The ticket claimed shall meet the selected beginning with the space marked letter ‘‘a’’ and ticket criteria under 61 Pa. Code § 819.213 (relating to continuing alphabetically through the letter ‘‘j,’’ inclusive. ticket validation and requirements) to be eligible for a (2) The smaller wheel will contain designated amounts Semifinal Grand Prize Drawing. of $1 million—annuity, $100,000, $75,000 and $50,000. (1) The Lottery will make a reasonable effort to ensure (3) The wheels will be spun and when the wheels stop, that a redeemed free winning ticket is entered into one of the name of the finalist on the larger wheel will be the Semifinal Grand Prize Drawings. The Lottery as- identified as the Grand Prize Drawing winner and will be sumes no responsibility for a lost or misplaced redeemed entitled to the prize indicated on the smaller wheel. ticket not entered into a Semifinal Grand Prize Drawing. (4) The nine finalists whose names remain will receive (2) A redeemed free winning ticket is eligible for only a consolation prize of $5,000 each. one Semifinal Grand Prize Drawing. A ticket that is not (5) The Grand Prize Drawing winner shall receive the in one eligible group of redeemed free winning tickets amount indicated, and if that amount is the top grand may, at the discretion of the Director, remain eligible for a prize of an annuity worth $1 million, that prize will be subsequent Semifinal Grand Prize Drawing. payable in 20 equal annual installments of $50,000. The (3) If a ticket is rejected during or following a Semifi- payment of a top grand prize to a person who dies before nal Grand Prize Drawing, the sole remedy is to select receiving a prize or to a person 17 years of age or younger another ticket to replace the rejected ticket in accordance shall be paid according to 61 Pa. Code §§ 811.16 and with Lottery procedure. 811.27 (relating to prizes payable after death of a prize (4) Determination of winners will be made by the winner; and payment of prizes to persons under 18 years Secretary, whose judgment will be final and binding. of age). (6) All prizes chosen in the Grand Prize Drawing shall (c) Manner of conducting Semifinal Grand Prize Draw- be claimed within 1 year of the date of the Grand Prize ings. Drawing. (1) Periodically, as determined by the Secretary and (7) The determination of a winner will be made by the announced by the Director, a Semifinal Grand Prize Secretary, whose judgment will be final, conclusive and Drawing will be held using eligible redeemed free win- binding on the finalists. ning tickets. Ten finalists will be selected from an eligible group of tickets entered in the drawing. For the purpose (8) Prizes are subject to Federal withholding tax provi- of the drawing, each of the eligible groups of redeemed sions. free winning tickets will be further subdivided into (9) Number and Description of Prizes and Approximate subgroups and placed in containers, with each container Odds: The following table sets forth the approximate assigned a code depending on the number of containers number of winners, amounts of prizes, and approximate used. odds of winning:

PENNSYLVANIA BULLETIN, VOL. 27, NO. 18, MAY 3, 1997 2208 NOTICES

Approximate No. of Approximate Winners Per 14,554,800 Get Win Odds Tickets 3-Free One Free Ticket 1:11 1,323,163 Plus Entry 3-$1 $1 1:20 727,740 2-$1 + Mouse $2 1:40 363,870 3-$3 $3 1:150 97,032 2-$3 + Mouse $6 1:200 72,774 3-$9 $9 1:500 29,110 2-$9 + Mouse $18 1:150 97,032 3-$18 $18 1:500 29,110 3-$27 $27 1:1,000 14,555 2-$18 + Mouse $36 1:2,000 7,277 2-$27 + Mouse $54 1:1,000 14,555 3-$99 $99 1:4,000 3,639 3-$1,000 $1,000 1:746,400 20 3-$10,000 $10,000 1:933,000 16

8. Retailer Incentive Awards: Pennsylvania Fat Cat Doubler or through normal communications methods. (a) Grand Prize Bonus. The Lottery will pay a bonus to a retailer selling a redeemed and validated winning ROBERT A. JUDGE, Sr., Pennsylvania Fat Cat Doubler instant lottery game ticket Secretary selected for a Grand Prize Drawing as follows: [Pa.B. Doc. No. 97-696. Filed for public inspection May 2, 1997, 9:00 a.m.] (1) A winner of an annuity worth $1 million ($50,000 a year for 20 years) top grand prize entitles the selling retailer to a bonus of $10,000. (2) A winner of a $100,000 grand prize entitles the Pennsylvania Kash Kabob Instant Lottery Game selling retailer to a bonus of $1,000. Under the provisions of the State Lottery Law (72 P. S. (3) A winner of a $75,000 grand prize entitles the §§ 3761-1—3761-15), and the provisions of 61 Pa. Code selling retailer to a bonus of $750. § 819.203 (relating to notice of instant game rules), the (4) A winner of a $50,000 grand prize entitles the Secretary of Revenue hereby provides public notice of the selling retailer to a bonus of $500. rules for the following instant lottery game: 1. Name: The name of the game is Pennsylvania Kash (5) A winner of a $5,000 consolation prize entitles the Kabob. selling retailer to a bonus of $50. 2. Price: The price of a Pennsylvania Kash Kabob (b) Retailer incentive. The Lottery may conduct a sepa- instant lottery game ticket is $1.00. rate Retailer Incentive Game for retailers who sell Penn- 3. Play Symbols: Each Pennsylvania Kash Kabob in- sylvania Fat Cat Doubler instant lottery game tickets. stant lottery game ticket will contain two play areas The conduct of the game will be governed by 61 Pa. Code designated as ‘‘Game One’’ and ‘‘Game Two.’’ Each game is § 819.222 (relating to retailer bonuses and incentives). played separately. Each game will contain a ‘‘Your Num- 9. Unclaimed Prize Money: For a period of 1 year from ber’’ play area. The play symbols and their captions the announced close of Pennsylvania Fat Cat Doubler, located in the ‘‘Your Number,’’ ‘‘Game One’’ and ‘‘Game prize money on winning Pennsylvania Fat Cat Doubler Two’’ play areas are: 1 (ONE), 2 (TWO), 3 (THREE), 4 instant lottery game tickets will be retained by the (FOUR), 5 (FIVE), 6 (SIX), 7 (SEVEN), 8 (EIGHT) and 9 Secretary for payment to the persons entitled thereto. If (NINE). no claim is made within 1 year of the announced close of 4. Prize Play Symbols: The prize play symbols and Pennsylvania Fat Cat Doubler, the right of a ticket holder their captions located in the play area are: FREE to claim the prize represented by the ticket, if any, will (TICKET), $100 (ONE), $200 (TWO), $500 (FIVE), $10$ expire and the prize money will be paid into the State (TEN), $25$ (TWEN-FIV), $50$ (FIFTY), $100 (ONE Lottery Fund and used for purposes provided for by HUN), $500 (FIV HUN) and $1000 (ONE THO). statute. 5. Prizes: The prizes that can be won in this game are 10. Governing Law: In purchasing a ticket, the cus- one free ticket, $1, $2, $5, $10, $25, $50, $100, $500 and tomer agrees to comply with and abide by the State $1,000. The player can win up to two times on each Lottery Law (72 P. S. §§ 3761-1—3761-15), the regula- ticket. tions contained in 61 Pa. Code Part V (relating to State 6. Approximate Number of Tickets Printed For the Lotteries) and the provisions contained in this notice. Game: Approximately 11,942,400 tickets will be printed for the Pennsylvania Kash Kabob instant lottery game. 11. Termination of the Game: The Secretary may an- nounce a termination date, after which no further tickets 7. Determination of Prize Winners: from this game may be sold. The announcement will be (a) Holders of tickets where the ‘‘Your Number’’ play disseminated through media used to advertise or promote symbol matches any one of the play symbols in the same

PENNSYLVANIA BULLETIN, VOL. 27, NO. 18, MAY 3, 1997 NOTICES 2209 game and a prize play symbol of $1000 (ONE THO) (b) Eligibility for Semifinal Grand Prize Drawings.To appears under the matching play symbol, on a single be eligible for a Semifinal Grand Prize Drawing, a winner ticket, shall be entitled to a prize of $1,000. having a free winning ticket shall timely claim it at a (b) Holders of tickets where the ‘‘Your Number’’ play participating Lottery sales retailer and properly complete symbol matches any one of the play symbols in the same the back of the ticket. The ticket claimed shall meet the game and a prize play symbol of $500 (FIV HUN) appears ticket criteria under 61 Pa. Code § 819.213 (relating to under the matching play symbol, on a single ticket, shall ticket validation and requirements) to be eligible for a be entitled to a prize of $500. Semifinal Grand Prize Drawing. (c) Holders of tickets where the ‘‘Your Number’’ play (1) The Lottery will make a reasonable effort to ensure symbol matches any one of the play symbols in the same that a redeemed free winning ticket is entered into one of game and a prize play symbol of $100 (ONE HUN) the Semifinal Grand Prize Drawings. The Lottery as- appears under the matching play symbol, on a single sumes no responsibility for a lost or misplaced redeemed ticket, shall be entitled to a prize of $100. ticket not entered into a Semifinal Grand Prize Drawing. (d) Holders of tickets where the ‘‘Your Number’’ play (2) A redeemed free winning ticket is eligible for only symbol matches any one of the play symbols in the same one Semifinal Grand Prize Drawing. A ticket that is not game and a prize play symbol of $50$ (FIFTY) appears in one eligible group of redeemed free winning tickets under the matching play symbol, on a single ticket, shall may, at the discretion of the Director, remain eligible for a be entitled to a prize of $50. subsequent Semifinal Grand Prize Drawing. (e) Holders of tickets where the ‘‘Your Number’’ play (3) If a ticket is rejected during or following a Semifi- symbol matches any one of the play symbols in the same nal Grand Prize Drawing, the sole remedy is to select game and a prize play symbol of $25$ (TWEN-FIV) another ticket to replace the rejected ticket in accordance appears under the matching play symbol, on a single with Lottery procedure. ticket, shall be entitled to a prize of $25. (4) Determination of winners will be made by the (f) Holders of tickets where the ‘‘Your Number’’ play Secretary, whose judgment will be final and binding. symbol matches any one of the play symbols in the same (c) Manner of conducting Semifinal Grand Prize Draw- game and a prize play symbol of $10$ (TEN) appears ings. under the matching play symbol, on a single ticket, shall be entitled to a prize of $10. (1) Periodically, as determined by the Secretary and announced by the Director, a Semifinal Grand Prize (g) Holders of tickets where the ‘‘Your Number’’ play Drawing will be held using eligible redeemed free win- symbol matches any one of the play symbols in the same ning tickets. Ten finalists will be selected from an eligible 00 game and a prize play symbol of $5 (FIVE) appears group of tickets entered in the drawing. For the purpose under the matching play symbol, on a single ticket, shall of the drawing, each of the eligible groups of redeemed be entitled to a prize of $5. free winning tickets will be further subdivided into (h) Holders of tickets where the ‘‘Your Number’’ play subgroups and placed in containers, with each container symbol matches any one of the play symbols in the same assigned a code depending on the number of containers game and a prize play symbol of $200 (TWO) appears used. under the matching play symbol, on a single ticket, shall (2) With the aid of mechanical or automatic drawing be entitled to a prize of $2. equipment, ten container codes will be selected. The codes (i) Holders of tickets where the ‘‘Your Number’’ play will determine the containers from which the ten finalists’ symbol matches any one of the play symbols in the same tickets will be ultimately selected. One winning finalist game and a prize play symbol of $100 (ONE) appears ticket will be drawn from the first container selected. One under the matching play symbol, on a single ticket, shall winning ticket will then be selected from the second be entitled to a prize of $1. selected container and this procedure will be repeated until ten finalists have been selected for each Grand Prize (j) Holders of tickets where the ‘‘Your Number’’ play Drawing. symbol matches any one of the play symbols in the same game and a prize play symbol of FREE (TICKET) appears (d) Manner of conducting Grand Prize Drawings. under the matching play symbol, on a single ticket, shall (1) Following the selection of the ten finalists as de- be entitled to a prize of one Pennsylvania instant lottery scribed in subsection (c), there will be Grand Prize game ticket of equivalent sale price which is currently on Drawings held at the discretion of the Director. sale, plus an entry into a Semifinal Grand Prize Drawing to qualify for a Grand Prize Drawing with prizes of (2) The Lottery will award the following prizes to the $5,000, $50,000, $75,000, $100,000, or an annuity worth eligible finalists in each of the Grand Prize Drawings: $1 million ($50,000 a year for 20 years). No. of 8. Grand Prize Drawing Procedure: Grand Drawing Prizes Winners Amount (a) Frequency. Grand Prize 1 $1 million—annuity, or (1) Grand Prize Drawings will be held on dates to be $100,000, or $75,000, determined by the Secretary. The dates and locations will or $50,000 be announced by the Director. Consolation Prize 9 $5,000 (2) From the commencement of Pennsylvania Kash Kabob until the deadline announced by the Director, (e) Procedure for conducting Grand Prize Drawings. there will be ten Grand Prize finalists selected for each (1) At a Grand Prize Drawing, a mechanical device in Grand Prize Drawing. Grand Prize finalists will be the shape of two concentric wheels will be used, a smaller selected in Semifinal Grand Prize Drawings on dates to wheel directly in front of a larger wheel. The larger wheel be determined by the Secretary and announced by the will have ten spaces each marked with a letter, ‘‘a’’ Director. through ‘‘j,’’ inclusive, inscribed clockwise in alphabetical

PENNSYLVANIA BULLETIN, VOL. 27, NO. 18, MAY 3, 1997 2210 NOTICES order. The names of the selected ten finalists will be receiving a prize or to a person 17 years of age or younger placed on the larger wheel in the order that they were shall be paid according to 61 Pa. Code §§ 811.16 and selected beginning with the space marked letter ‘‘a’’ and 811.27 (relating to prizes payable after death of a prize continuing alphabetically through the letter ‘‘j,’’ inclusive. winner; and payment of prizes to persons under 18 years (2) The smaller wheel will contain designated amounts of age). of $1 million—annuity, $100,000, $75,000 and $50,000. (6) All prizes chosen in the Grand Prize Drawing shall (3) The wheels will be spun and when the wheels stop, be claimed within 1 year of the date of the Grand Prize the name of the finalist on the larger wheel will be Drawing. identified as the Grand Prize Drawing winner and will be (7) The determination of a winner will be made by the entitled to the prize indicated on the smaller wheel. Secretary, whose judgment will be final, conclusive and (4) The nine finalists whose names remain will receive binding on the finalists. a consolation prize of $5,000 each. (8) Prizes are subject to Federal withholding tax provi- (5) The Grand Prize Drawing winner shall receive the sions. amount indicated, and if that amount is the top grand (9) Number and Description of Prizes and Approximate prize of an annuity worth $1 million, that prize will be Odds: The following table sets forth the approximate payable in 20 equal annual installments of $50,000. The number of winners, amounts of prizes, and approximate payment of a top grand prize to a person who dies before odds of winning:

Match Your Number ToAnyOfThe Approximate No. of Numbers In Approximate Winners Per 11,942,400 Same Game Win Odds Tickets Free One Free Ticket 1:10 1,194,240 Plus Entry $1 $1 1:20 597,120 $1 + $1 $2 1:30 398,080 $2 $2 1:80 149,280 $2 + $2 $4 1:100 119,424 $5 $5 1:200 59,712 $2 + $5 $7 1:600 19,904 $5 + $5 $10 1:200 59,712 $10 $10 1:400 29,856 $5 + $10 $15 1:750.03 15,923 $10 + $10 $20 1:999.97 11,943 $25 $25 1:2,999 3,981 $10 + $25 $35 1:2,999 3,981 $25 + $25 $50 1:999.97 11,943 $50 $50 1:2,500 4,776 $50 + $50 $100 1:5,001 2,388 $100 $100 1:19,974 598 $500 $500 1:709,080 17 $1,000 $1,000 1:709,080 17

9. Retailer Incentive Awards: conduct of the game will be governed by 61 Pa. Code (a) Grand Prize Bonus. The Lottery will pay a bonus to § 819.222 (relating to retailer bonuses and incentives). a retailer selling a redeemed and validated winning 10. Unclaimed Prize Money: For a period of 1 year Pennsylvania Kash Kabob instant lottery game ticket from the announced close of Pennsylvania Kash Kabob, selected for a Grand Prize Drawing as follows: prize money on winning Pennsylvania Kash Kabob in- (1) A winner of an annuity worth $1 million ($50,000 a stant lottery game tickets will be retained by the Secre- year for 20 years) top grand prize entitles the selling tary for payment to the persons entitled thereto. If no retailer to a bonus of $10,000. claim is made within 1 year of the announced close of Pennsylvania Kash Kabob, the right of a ticket holder to (2) A winner of a $100,000 grand prize entitles the claim the prize represented by the ticket, if any, will selling retailer to a bonus of $1,000. expire and the prize money will be paid into the State (3) A winner of a $75,0000 grand prize entitles the Lottery Fund and used for purposes provided for by selling retailer to a bonus of $750. statute. (4) A winner of a $50,000 grand prize entitles the 11. Governing Law: In purchasing a ticket, the cus- selling retailer to a bonus of $500. tomer agrees to comply with and abide by the State Lottery Law (72 P. S. §§ 3761-1—3761-15), the regula- (5) A winner of a $5,000 consolation prize entitles the tions contained in 61 Pa. Code Part V (relating to State selling retailer to a bonus of $50. Lotteries) and the provisions contained in this notice. (b) Retailer incentive. The Lottery may conduct a sepa- 12. Termination of the Game: The Secretary may an- rate Retailer Incentive Game for retailers who sell Penn- nounce a termination date, after which no further tickets sylvania Kash Kabob instant lottery game tickets. The from this game may be sold. The announcement will be

PENNSYLVANIA BULLETIN, VOL. 27, NO. 18, MAY 3, 1997 NOTICES 2211 disseminated through media used to advertise or promote (i) Holders of tickets with three matching play symbols Pennsylvania Kash Kabob or through normal communica- of FREE (TICKET) in the same game, on a single ticket, tions methods. shall be entitled to a prize of one Pennsylvania instant ROBERT A. JUDGE, Sr., lottery game ticket of equivalent sale price which is Secretary currently on sale, plus an entry into a Semifinal Grand Prize Drawing to qualify for a Grand Prize Drawing with [Pa.B. Doc. No. 97-697. Filed for public inspection May 2, 1997, 9:00 a.m.] prizes of $5,000, $50,000, $75,000, $100,000, or an annuity worth $1 million ($50,000 a year for 20 years). 7. Grand Prize Drawing Procedure: (a) Frequency. Pennsylvania Two For The Money Instant Lottery (1) Grand Prize Drawings will be held on dates to be Game determined by the Secretary. The dates and locations will be announced by the Director. Under the provisions of the State Lottery Law (72 P. S. §§ 3761-1—3761-15), and the provisions of 61 Pa. Code (2) From the commencement of Pennsylvania Two For § 819.203 (relating to notice of instant game rules), the The Money until the deadline announced by the Director, Secretary of Revenue hereby provides public notice of the there will be ten Grand Prize finalists selected for each rules for the following instant lottery game: Grand Prize Drawing. Grand Prize finalists will be selected in Semifinal Grand Prize Drawings on dates to 1. Name: The name of the game is Pennsylvania Two be determined by the Secretary and announced by the For The Money. Director. 2. Price: The price of a Pennsylvania Two For The (b) Eligibility for Semifinal Grand Prize Drawings.To Money instant lottery game ticket is $1.00. be eligible for a Semifinal Grand Prize Drawing, a winner 3. Play Symbols: Each Pennsylvania Two For The having a free winning ticket shall timely claim it at a Money instant lottery game ticket will contain two play participating Lottery sales retailer and properly complete areas designated as ‘‘Game 1’’ and ‘‘Game 2.’’ Each game the back of the ticket. The ticket claimed shall meet the is played separately. The play symbols and their captions ticket criteria under 61 Pa. Code § 819.213 (relating to located in the ‘‘Game 1’’ and ‘‘Game 2’’ play areas are: ticket validation and requirements) to be eligible for a FREE (TICKET), $200 (TWO), $500 (FIVE), $10$ (TEN), Semifinal Grand Prize Drawing. $25$ (TWEN-FIV), $50$ (FIFTY), $100 (ONE HUN), $500 (1) The Lottery will make a reasonable effort to ensure (FIV HUN) and $1000 (ONE THOU). that a redeemed free winning ticket is entered into one of 4. Prizes: The prizes that can be won in this game are the Semifinal Grand Prize Drawings. The Lottery as- one free ticket, $2, $5, $10, $25, $50, $100, $500 and sumes no responsibility for a lost or misplaced redeemed $1,000. The player can win up to two times on each ticket not entered into a Semifinal Grand Prize Drawing. ticket. (2) A redeemed free winning ticket is eligible for only 5. Approximate Number of Tickets Printed For the one Semifinal Grand Prize Drawing. A ticket that is not Game: Approximately 11,569,200 tickets will be printed in one eligible group of redeemed free winning tickets for the Pennsylvania Two For The Money instant lottery may, at the discretion of the Director, remain eligible for a game. subsequent Semifinal Grand Prize Drawing. 6. Determination of Prize Winners: (3) If a ticket is rejected during or following a Semifi- nal Grand Prize Drawing, the sole remedy is to select (a) Holders of tickets with three matching play symbols another ticket to replace the rejected ticket in accordance of $1000 (ONE THOU) in the same game, on a single with Lottery procedure. ticket, shall be entitled to a prize of $1,000. (4) Determination of winners will be made by the (b) Holders of tickets with three matching play symbols Secretary, whose judgment will be final and binding. of $500 (FIV HUN) in the same game, on a single ticket, shall be entitled to a prize of $500. (c) Manner of conducting Semifinal Grand Prize Draw- ings. (c) Holders of tickets with three matching play symbols of $100 (ONE HUN) in the same game, on a single ticket, (1) Periodically, as determined by the Secretary and shall be entitled to a prize of $100. announced by the Director, a Semifinal Grand Prize Drawing will be held using eligible redeemed free win- (d) Holders of tickets with three matching play symbols ning tickets. Ten finalists will be selected from an eligible of $50$ (FIFTY) in the same game, on a single ticket, group of tickets entered in the drawing. For the purpose shall be entitled to a prize of $50. of the drawing, each of the eligible groups of redeemed (e) Holders of tickets with three matching play symbols free winning tickets will be further subdivided into of $25$ (TWEN-FIV) in the same game, on a single ticket, subgroups and placed in containers, with each container shall be entitled to a prize of $25. assigned a code depending on the number of containers used. (f) Holders of tickets with three matching play symbols of $10$ (TEN) in the same game, on a single ticket, shall (2) With the aid of mechanical or automatic drawing be entitled to a prize of $10. equipment, ten container codes will be selected. The codes will determine the containers from which the ten finalists’ (g) Holders of tickets with three matching play symbols tickets will be ultimately selected. One winning finalist of $500 (FIVE) in the same game, on a single ticket, shall ticket will be drawn from the first container selected. One be entitled to a prize of $5. winning ticket will then be selected from the second (h) Holders of tickets with three matching play symbols selected container and this procedure will be repeated of $200 (TWO) in the same game, on a single ticket, shall until ten finalists have been selected for each Grand Prize be entitled to a prize of $2. Drawing.

PENNSYLVANIA BULLETIN, VOL. 27, NO. 18, MAY 3, 1997 2212 NOTICES

(d) Manner of conducting Grand Prize Drawings. Approximate No. (1) Following the selection of the ten finalists as de- of Winners scribed in subsection (c), there will be Grand Prize Approximate Per 11,569,200 Drawings held at the discretion of the Director. Win Odds Tickets $10 ($5 + $5) 1:240 48,205 (2) The Lottery will award the following prizes to the $10 1:400 28,923 eligible finalists in each of the Grand Prize Drawings: $15 ($5 + $10) 1:750 15,426 No. of $20 ($10 + $10) 1:1,000 11,569 Grand Drawing Prizes Winners Amount $25 1:3,000 3,856 Grand Prize 1 $1 million—annuity, $35 ($10 + $25) 1:3,000 3,856 or $50 ($25 + $25) 1:1,200 9,641 $100,000, or $75,000, $50 1:2,500 4,628 or $50,000 $100 ($50 + $50) 1:4,999 2,314 Consolation Prize 9 $5,000 $100 1:20,011 578 $500 1:746,400 16 (e) Procedure for conducting Grand Prize Drawings. $1,000 1:746,400 16 (1) At a Grand Prize Drawing, a mechanical device in $2,000 ($1,000 + 1:746,400 16 the shape of two concentric wheels will be used, a smaller $1,000) wheel directly in front of a larger wheel. The larger wheel will have ten spaces each marked with a letter, ‘‘a’’ 8. Retailer Incentive Awards: through ‘‘j,’’ inclusive, inscribed clockwise in alphabetical (a) Grand Prize Bonus. The Lottery will pay a bonus to order. The names of the selected ten finalists will be a retailer selling a redeemed and validated winning placed on the larger wheel in the order that they were selected beginning with the space marked letter ‘‘a’’ and Pennsylvania Two For The Money instant lottery game continuing alphabetically through the letter ‘‘j,’’ inclusive. ticket selected for a Grand Prize Drawing as follows: (2) The smaller wheel will contain designated amounts (1) A winner of an annuity worth $1 million ($50,000 a of $1 million—annuity, $100,000, $75,000 and $50,000. year for 20 years) top grand prize entitles the selling (3) The wheels will be spun and when the wheels stop, retailer to a bonus of $10,000. the name of the finalist on the larger wheel will be (2) A winner of a $100,000 grand prize entitles the identified as the Grand Prize Drawing winner and will be selling retailer to a bonus of $1,000. entitled to the prize indicated on the smaller wheel. (4) The nine finalists whose names remain will receive (3) A winner of a $75,000 grand prize entitles the a consolation prize of $5,000 each. selling retailer to a bonus of $750. (5) The Grand Prize Drawing winner shall receive the (4) A winner of a $50,000 grand prize entitles the amount indicated, and if that amount is the top grand selling retailer to a bonus of $500. prize of an annuity worth $1 million, that prize will be payable in 20 equal annual installments of $50,000. The (5) A winner of a $5,000 consolation prize entitles the payment of a top grand prize to a person who dies before selling retailer to a bonus of $50. receiving a prize or to a person 17 years of age or younger shall be paid according to 61 Pa. Code §§ 811.16 and (b) Retailer incentive. The Lottery may conduct a sepa- 811.27 (relating to prizes payable after death of a prize rate Retailer Incentive Game for retailers who sell Penn- winner; and payment of prizes to persons under 18 years sylvania Two For The Money instant lottery game tickets. of age). The conduct of the game will be governed by 61 Pa. Code (6) All prizes chosen in the Grand Prize Drawing shall § 819.222 (relating to retailer bonuses and incentives). be claimed within 1 year of the date of the Grand Prize Drawing. 9. Unclaimed Prize Money: For a period of 1 year from the announced close of Pennsylvania Two For The Money, (7) The determination of a winner will be made by the prize money on winning Pennsylvania Two For The Secretary, whose judgment will be final, conclusive and Money instant lottery game tickets will be retained by the binding on the finalists. Secretary for payment to the persons entitled thereto. If (8) Prizes are subject to Federal withholding tax provi- no claim is made within 1 year of the announced close of sions. Pennsylvania Two For The Money, the right of a ticket holder to claim the prize represented by the ticket, if any, (9) Number and Description of Prizes and Approximate Odds: The following table sets forth the approximate will expire and the prize money will be paid into the number of winners, amounts of prizes, and approximate State Lottery Fund and used for purposes provided for by odds of winning: statute. Approximate No. of Winners 10. Governing Law: In purchasing a ticket, the cus- Approximate Per 11,569,200 tomer agrees to comply with and abide by the State Win Odds Tickets Lottery Law (72 P. S. §§ 3761-1—3761.15), the regulations contained in 61 Pa. Code Part V (relating to State One Free Ticket 1:12 964,100 Lotteries) and the provisions contained in this notice. Plus Entry $2 1:15 771,280 11. Termination of the Game: The Secretary may an- $4 ($2 + $2) 1:50 231,384 nounce a termination date, after which no further tickets $5 1:200 57,846 from this game may be sold. The announcement will be $7 ($2 + $5) 1:500 23,138 disseminated through media used to advertise or promote

PENNSYLVANIA BULLETIN, VOL. 27, NO. 18, MAY 3, 1997 NOTICES 2213

Pennsylvania Two For The Money or through normal The Environmental Hearing Board is empowered to communications methods. approve this settlement if no objection is timely filed with ROBERT A. JUDGE, Sr., the Board. Secretary GEORGE J. MILLER, [Pa.B. Doc. No. 97-698. Filed for public inspection May 2, 1997, 9:00 a.m.] Chairperson [Pa.B. Doc. No. 97-699. Filed for public inspection May 2, 1997, 9:00 a.m.]

ENVIRONMENTAL INDEPENDENT HEARING BOARD REGULATORY REVIEW Phillip and Eleanor Ziccardi v. DEP and Insurance Company of North America; Doc. No. 96-115-R COMMISSION Actions Taken by The Commission The Department of Environmental Protection (Depart- ment), the Insurance Company of North America (INA) The Independent Regulatory Review Commission met and Phillip and Eleanor Ziccardi (Ziccardis) have agreed publicly at 11 a.m., Friday, April 18, 1997, and took the to a settlement of the above matter. following actions: The Ziccardis own property which was covered by Regulations Approved: certain mining reclamation bonds underwritten by INA. Department of Community and Economic Development Through its contractors, INA completed reclamation ac- #4-63: Site Development, Community Facilities, Site Re- tivities at the Ziccardi property. The Department deter- covery, Statistics & Information, Nursing Home Loan mined that the reclamation was satisfactory. The Zic- Agency, and Sunny Day cardis filed an appeal challenging the adequacy of the reclamation at their property. Environmental Quality Board #7-321: Expedited Rule- making for Mine Subsidence Control The parties have agreed to a settlement, the major provisions of which include: 1. INA will perform additional reclamation work at the Commissioners Present: Robert J. Harbison, III, Vice- Ziccardi property. Chairperson; Alvin C. Bush; Arthur Coccodrilli Public Meeting held 2. INA will compensate the Ziccardis for alleged degra- April 18, 1997 dation of their water well which was caused by Glacial’s mining operations. Environmental Quality Board—Expedited Rulemaking for Mine Subsidence Control; Doc. No. 7-321 3. The Ziccardis’ appeal will be dismissed with preju- dice. Order On March 19, 1997, the Independent Regulatory Re- Copies of the full agreement are in the possession of: view Commission (Commission) received this regulation Patience Robinson Nelson, Assistant Counsel, Common- from the Environmental Quality Board (EQB). This rule- wealth of Pennsylvania, Department of Environmental making would amend 25 Pa. Code Chapter 89. The Protection, Office of Chief Counsel, 400 Waterfront Drive, authority for this regulation is contained in section 7 of Pittsburgh, PA 15222-4745, (412) 442-4262; The Bituminous Mine Subsidence and Land Conservation Act (BMSLCA) (52 P. S. § 1406.7). Notice of proposed William T. Gorton, III, Esquire, Stites and Harbison, rulemaking was omitted for this regulation; it will become 2300 Lexington Financial Center, 250 West Main Street, effective upon publication in the Pennsylvania Bulletin. Lexington, KY 40507; The rulemaking deletes requirements in Chapter 89 Richard S. Ehmann, Esquire, 7031 Penn Avenue, Pitts- which are now obsolete as a result of the repeal of burgh, PA 15208; Sections 4, 6(a) and 15 by Act 54 of 1994, a statute which amended the BMSLCA. Section 4 provided absolute pro- and at the offices of the Environmental Hearing Board, tection to specific structures in place on April 27, 1966, and may be reviewed by any interested person on request overlying or in the proximity of a mine. Section 6(a) during normal business hours. required a mine operator to compensate owners of structures in place before April 27, 1966, if damage from Persons believing themselves aggrieved by the above mining occurred. Section 15 allowed surface owners to settlement have a right to appeal to the Environmental purchase support coal beneath their property. Hearing Board, Second Floor, Rachel Carson State Office Building, 400 Market Street, P. O. Box 8457, Harrisburg, Consistent with the Act 54 repeal of Section 4 of the PA 17105-9457. Appeals must be filed within 20 days of BMSLCA, the rulemaking deletes § 89.143(b)(1)(ii) which this publication. states that mine operators are required to prevent subsidence damage to dwellings, cemeteries, municipal public If information concerning this notice is required in an service operations or municipal utilities in place on April alternative form, contact the Secretary to the Board at 27, 1966. Provisions in §§ 89.142 (maps) and 89.145 (717) 783-3483. TDD users may telephone the Board (surface owner protection) are deleted because section 15 through the AT&T Pennsylvania Relay Service at 1 (800) of the BMSLCA, which gave surface owners an opportu- 654-5984. nity to purchase coal support beneath their properties,

PENNSYLVANIA BULLETIN, VOL. 27, NO. 18, MAY 3, 1997 2214 NOTICES was repealed. The rulemaking also deletes § 89.144(c) Commissioners Present: Robert J. Harbison, III, Vice (public notice) which provides that notices sent to prop- Chairperson; Alvin C. Bush; Arthur Coccodrilli erty owners may include a statement as to an individual’s Public Meeting held right to acquire support under section 15 of the BMSLCA. April 18, 1997 Finally, § 89.146 (Payment of damages) will be deleted. Department of Community and Economic Development— This section contains provisions for settlement of claims Site Development, Community Facilities, Site Recovery, filed under section 6(a) of the BMSLCA. However, we Statistics and Information, Nursing Home Loan Agency, recommend that the EQB state in its preamble that and Sunny Day; Doc. No. 4-63 provisions for payment of damages are now located in Order section 5.5 of Act 54 (52 P. S. § 1406.5e). On March 26, 1997, the Independent Regulatory Re- The Citizens Advisory Council (CAC) submitted a copy view Commission (Commission) received this regulation of its position statement opposing the use of the final- from the Department of Community and Economic Devel- omitted rulemaking process. It believes the final-omitted opment (Department). This rulemaking would rescind 13 process eliminates the opportunity for public input on a Pa. Code Chapters 9, 11, 13, 41, 53 and 71. The authority for this regulation is The Administrative Code of 1929 regulation. It also believes that addressing some changes and Executive Order 1996-1 Regulatory Review and resulting from Act 54 without addressing other changes Promulgation. Notice of proposed rulemaking was omitted will result in increased confusion. for this regulation; it will become effective upon publica- Citizen organization groups including People United to tion in the Pennsylvania Bulletin. Save Homes, Mountain Watershed Association, Concerned This rulemaking will delete six chapters of Title 13 About Water Loss Due to Mining, and Protect our Water which are obsolete. The authorizing statutes for the and Environmental Resources also submitted comments programs in these chapters, with the exception of Chapter opposing the regulation. The Pennsylvania Coal Associa- 41, have expired or been repealed. The Bureau regulated tion submitted a letter urging approval of the regulation. by Chapter 41 no longer exists in any form within the Department. Because the sections which will be deleted became obsolete by the repeal of the statutory provisions on Act 61 of 1968, known as the Site Development Act, which the regulations were based, the Department has authorized the Department to make grants to eligible not enforced the provisions since the statute went into municipalities, municipal authorities, industrial develop- effect August 1994. However, a decision of the Environ- ment agencies, or State agencies for the construction, mental Hearing Board (EHB) in November, 1996 (People rehabilitation, alteration, expansion, or improvement of United to Save Homes and Pennsylvania American Water certain site development projects. Company v. Commonwealth of Pennsylvania, Department The Site Development Act also authorized the Depart- of Environmental Protection and Eighty-Four Mining ment to promulgate regulations to carry out the require- Company, Permittee) caused confusion over the status or ments of the Site Development Act. On July 11, 1996, effectiveness of the subsidence damage prevention re- however, the Infrastructure Development Act was enacted quirements which were repealed under Act 54. which repealed the Site Development Act in its entirety. Since the statutory authority for the grants authorized Although the provisions of Act 54 which repealed under the Site Development Act no longer exists, the sections 4, 6(a) and 15 of the BMSLCA removed the Department is proposing to rescind Chapter 9. statutory authority for the regulatory language contained in § 89.143(b)(1)(ii), the EHB reasoned that the provi- The Infrastructure Development Act created the Infra- sions are presumed to be valid because the EQB did not structure Development Program which authorizes the amend Chapter 89 to conform with Act 54 in 1995. In Department to make grants and loans for specific infra- essence, the EHB rejected the argument that § 89.143(b) structure improvements. According to the Department, is obsolete. the Infrastructure Development Program incorporates into one program many Department programs that previ- We disagree. Act 54 specifically repealed sections 4, 6(a) ously existed separately, including the Site Development and 15 of the BMSLCA. Therefore, the regulations must Program. The Department expects to promulgate regula- be amended to conform to existing statute. tions in the future for this new program, but until regulations are promulgated, the Department will use the We have reviewed this regulation and find it to be in statute as the basis for implementation of the program. the public interest. Act 54 became effective August 21, 1994. Sections of Chapter 89 which are deleted by this The Community Facilities Program was established and rulemaking became obsolete at that time and their funded under the Race Horse Industry Reform Act. The retention would be inconsistent with the repeals intended guidelines for the program were established in Chapter by the General Assembly in Act 54. Removal of obsolete 11 of the Department’s regulations. The Program pro- provisions from Chapter 89 will clarify that the deleted vided grants to boroughs, townships, municipal and sections are no longer supported by statute. county authorities for construction, rehabilitation, expansion or improvement of water facilities, sewage disposal Therefore, It Is Ordered That: facilities and road access. In 1983, the statutory provisions authorizing the Community Facilities Program were 1. Regulation No. 7-321 from the Environmental Qual- repealed. However, the General Assembly continued to ity Board, as submitted to the Commission on March 19, fund the Program through an annual line-item appropria- 1997, is approved; and tion in the Department’s budget. According to the Depart- ment, it eliminated the Program as part of its effort to 2. The Commission will transmit a copy of this Order streamline and consolidate grant programs. Furthermore, to the Legislative Reference Bureau. the line-item appropriation was eliminated from the 1996-97 fiscal year budget, and no funds for this program

PENNSYLVANIA BULLETIN, VOL. 27, NO. 18, MAY 3, 1997 NOTICES 2215 are proposed in the 1997-98 fiscal year budget. Therefore, servation, Economics and Energy Planning collects and there is neither a statutory basis nor funding for the publishes statistical information on the utility industry. program. Consequently, the Department is proposing to Therefore, the data collection requirements under Act 108 repeal Chapter 11 relating to the Community Facilities are more appropriately being satisfied by agencies with Program. immediate access to the specific information. Act 18-A of 1972 provided emergency and disaster relief We have reviewed this regulation and concluded that it in connection with the tropical storm and flood damage is in the public interest to rescind regulations which are that occurred in June 1972. Act 18-A provided funds to obsolete and no longer enforceable. However, we encour- the Department for emergency flood relief expenditures. age the Department to work with the General Assembly The requirements for relief applications were established to repeal Act 108. in Chapter 13 of the Department’s regulation. The sole Therefore, It Is Ordered That: purpose of the program was to provide disaster assistance to industrial areas damaged by the 1972 flood. Applica- 1. Regulation No. 4-63 from the Department of Com- tions for relief had to be made by October 1, 1973. Since munity and Economic Development, as submitted to the the program ceased operations more than 20 years ago, Commission on March 26, 1997, is approved; and the Department is proposing to rescind Chapter 13. 2. The Commission will transmit a copy of this Order Act 108 of 1921, known as the Bureau of Statistics and to the Legislative Reference Bureau. Information Act, established a Bureau of Statistics within JOHN R. MCGINLEY, Jr., the Department whose function was to collect, compile, Chairperson and publish statistics and data and information relating [Pa.B. Doc. No. 97-700. Filed for public inspection May 2, 1997, 9:00 a.m.] to labor, coal mining, oil and gas production, manufactur- ing industries, commercial operations, public service companies, municipalities, maritime interests, and other busi- nesses in the Commonwealth. According to the Department, the Bureau of Statistics was eliminated in 1986, and the functions of the former Bureau of Statistics Notice of Filing of Final-Form Rulemakings are not performed by any other bureau within the Department. Therefore, the Department is proposing to The Independent Regulatory Review Commission re- rescind Chapter 41 relating to Statistics and Information. ceived, on the date indicated, the following final-form regulations for review. The regulations will be considered Act 207 of 1974, known as the Nursing Home Loan within 30 days of its receipt at a public meeting of the Agency Law, created the Nursing Home Loan Agency to Commission. To obtain the date and time of the meeting, provide financial assistance to nursing homes to make interested parties may contact the office of the Commis- safety improvements to bring them into compliance with sion at (717) 783-5417. To obtain a copy of a regulation, State and Federal standards. Act 10 of 1997, however, interested parties should contact the agency promulgating repealed most of Act 207, including the sections which the regulation. created the Nursing Home Loan Agency and authorized loans to nursing homes. Consequently, the Department is Reg. No. Agency/Title Received proposing to rescind Chapter 53 relating to this program. State Bureau of Charitable 4/22/97 Act 32 of 1985, known as the Sunny Day Fund Act, Organizations established the Sunny Day Fund (Fund). The moneys in 16-14 49 Pa. Code Subpart B. the Fund were available to the Governor and the Depart- Charitable Organizations ment for the purpose of attracting industrial, manufactur- JOHN R. MCGINLEY, Jr., ing or research and development companies to the Com- Chairperson monwealth. The Department published the eligibility [Pa.B. Doc. No. 97-701. Filed for public inspection May 2, 1997, 9:00 a.m.] requirements for receiving money from the Fund in Chapter 71. Act 67 of 1996, known as the Job Enhance- ment Act, repealed the Sunny Day Fund Act in its entirety. Therefore, the Department is proposing to rescind Chapter 71. Act 108 of 1921, as amended by Act 188 of 1968, INSURANCE DEPARTMENT established the Bureau of Statistics in the former Depart- ment of Commerce and directed the Secretary to collect Allstate Insurance Company; Private Passenger statistical information on numerous business and indus- Automobile Insurance tries and publish those statistics annually. In the regulation’s Preamble, the Department notes that in 1986, it On April 16, 1997, the Insurance Department received eliminated the Bureau of Statistics, and no other office from Allstate Insurance Company a filing for a rate within the Department has been performing the tasks change for private passenger automobile insurance. assigned under Act 108. The company requests an overall 4% increase amount- Although the General Assembly has not repealed Act ing to $21 million annually, to be effective July 14, 1997 108, we believe it is clearly obsolete. Today, many agen- for new business and August 11, 1997 for renewal cies collect the statistical data outlined in Act 108. For business. example, the Department of Labor and Industry’s (L&I) Unless formal administrative action is taken prior to Bureau of Research and Statistics collects data on em- June 15, 1997, the subject filing may be deemed approved ployment levels, wages, and business and industry types by operation of law. in Pennsylvania. L&I makes this information available to other State agencies, including the Department. The Copies of the filing will be available for public inspec- Pennsylvania Public Utility Commission’s Bureau of Con- tion, by appointment, during normal working hours at the

PENNSYLVANIA BULLETIN, VOL. 27, NO. 18, MAY 3, 1997 2216 NOTICES

Insurance Department’s offices in Harrisburg, Philadel- ance Department, 1345 Strawberry Square, Harrisburg, phia, Pittsburgh and Erie. PA 17120, or by fax to (717) 787-8557. LINDA S. KAISER, Interested parties are invited to submit written com- Insurance Commissioner ments, suggestions or objections to Julie Cheung, Insur- [Pa.B. Doc. No. 97-704. Filed for public inspection May 2, 1997, 9:00 a.m.] ance Department, Bureau of Regulation of Rate and Policy Regulation, Room 1311, Strawberry Square, Har- risburg, PA 17120, within 30 days after publication of the notice in the Pennsylvania Bulletin. LINDA S. KAISER, Application for Voluntary Dissolution Insurance Commissioner [Pa.B. Doc. No. 97-702. Filed for public inspection May 2, 1997, 9:00 a.m.] Mendon Grange Mutual Fire Insurance Company, a domestic mutual fire insurance company, has submitted an application for approval of the voluntarily dissolution of its charter. The filing was made under 15 Pa.C.S. §§ 1101—1110 (relating to Business Corporation Law of 1988). Persons wishing to comment on the grounds of Application for Acquisition public or private interest concerning the dissolution, are invited to submit a written statement to the Insurance Warburg Pincus Ventures, LLP, has filed an application Department within 30 days of the date of this issue of the to purchase a convertible note with detachable warrants Pennsylvania Bulletin. Each written statement must in- from Coventry Corporation, sole shareholder of clude the name, address and telephone number of the HealthAmerica Pennsylvania, Inc. Should the note be writer, identification of the application to which the converted and the warrants exercised, Warburg Pincus comment is addressed, and a concise statement with Ventures, LLP would hold a controlling interest in Coven- sufficient detail to inform the Insurance Department of try Corporation. The filing was made under the require- the exact basis of the comment and the relevant facts ments in the Insurance Holding Company Act (40 P. S. upon which it is based. Written statements should be § 991.1402 et seq.). Persons wishing to comment on the directed to Robert Brackbill, Licensing Specialist, Com- acquisition are invited to submit a written statement to pany Licensing Division, Room 1311 Strawberry Square, Harrisburg, PA 17120, or by fax to (717) 787-8557. the Insurance Department within 30 days of the date of this issue of the Pennsylvania Bulletin. Each written LINDA S. KAISER, statement must include name, address and telephone Insurance Commissioner number of the interested party, identification of the [Pa.B. Doc. No. 97-705. Filed for public inspection May 2, 1997, 9:00 a.m.] application to which the statement is addressed, and a concise statement with sufficient detail and relevant facts to inform the Insurance Department of the exact basis of the statement. Written statements should be directed to Carolyn Smith, Insurance Company Licensing Specialist, Public Availability of Filed Documents Insurance Department, 1345 Strawberry Square, Harris- burg, PA 17120 (717) 787-1879. Questions have recently arisen regarding the public availability of documents, reports and other materials LINDA S. KAISER, filed with the Insurance Department for proposed insur- Insurance Commissioner ance company transactions. This notice advises the insur- [Pa.B. Doc. No. 97-703. Filed for public inspection May 2, 1997, 9:00 a.m.] ance industry and other filers of the Department’s practices regarding the availability of filed documents. Filings made with the Department are generally available to policyholders, consumers and the public as of the date of filing. In most cases, the law does not mandate Application for an Insurance Premium Finance that filings be withheld from public scrutiny pending Company License Department review. Filings that are publicly available include Form A filings made under section 1402 of the Insurance Holding Companies Act, Article XIV of The Insurance Premium Financing, Inc. has applied for a Insurance Company Law of 1921 (40 P. S. § 991.1402) license to operate as an insurance premium finance (Supp. 1996), filings made under Section 205 of the GAA company in this Commonwealth. The filing was made Amendments Act of 1990 (15 P. S. § 21205), and applica- under the Insurance Premium Finance Company Act (40 tions made under section 208 of the Insurance Depart- P. S. §§ 3301—3314). Persons wishing to comment on the ment Act (40 P. S. § 46), for issuance of a certificate of grounds of public or private interest are invited to submit authority. a written statement to the Insurance Department within In some instances, a public filing may include or 30 days of the date of this issue of the Pennsylvania reference materials which are entitled to confidential Bulletin. Each written statement must include name, treatment under statute, regulation, case law, administra- address and telephone number of the interested party, tive or court order, or other such authority. For example, identification of the application to which the comment is the Department declines to release personal information, addressed, and a concise statement with sufficient detail such as Social Security numbers or home addresses of to inform the Insurance Department of the exact basis of persons submitting Biographical Affidavits. In addition, the comment and the relevant facts upon which it is documents may be nonpublic because they contain propri- based. Written statements should be directed to Robert etary or privileged information or trade secrets. For Brackbill, Insurance Company Licensing Specialist, Insur- example, the Department historically has not released

PENNSYLVANIA BULLETIN, VOL. 27, NO. 18, MAY 3, 1997 NOTICES 2217 business plans or financial projections which include The hearings will be held in the Capitol Associates analyses and underlying assumptions. Building, 901 North Seventh Street, Second Floor Hear- ing Room, Harrisburg, PA 17102. If a filer wishes to assert the confidentiality of documents, reports or other materials which are included or Appeal of Krupinsky, William J.; file no. 97-380-31507; referenced within a ‘‘filing,’’ the filer should alert the EMCASCO Insurance Agency; doc. no. PH97-04-026; June Department to this issue at the time of submission as 5, 1997, at 11 a.m.; follows: Appeal of Bradley, James E. and Mary O.; file no. • Submit the confidential materials physically separate 96-121-08423; Lititz Mutual Insurance Company; doc. no. from the remainder of the filing, submit a redacted P97-02-017; June 5, 1997, at 1 p.m.; version of the materials, or highlight the location of the confidential information in the filing. Appeal of Sauer, Thomas; file no. 97-193-01182; State Farm Mutual Automobile Insurance Company; doc. no. • Identify the basis upon which the assertion of confi- P97-04-036; June 9, 1997, at 2 p.m.; dentiality, privilege or trade secret is premised. • Appeal of Mott, Curtis; file no. 97-121-01707; State Identify the person to whom inquiries regarding the Farm Mutual Automobile Insurance Company; doc. no. issue of confidential treatment should be directed. P97-04-037; June 9, 1997, at 1 p.m.; Questions on the issue of public access to filed docu- Appeal of Bell, Lorrian; file no. 97-193-00388; Allstate ments may be addressed to the analyst handling the Insurance Company; doc. no. P97-04-039; June 9, 1997, at filing or to: Steve Harman, Chief, Company Licensing 10 a.m. Division, Insurance Department, 1345 Strawberry Square, Harrisburg, PA 17120. Parties may appear with or without counsel and offer LINDA S. KAISER, relevant testimony or evidence to support their respective Insurance Commissioner positions. The representative of the company must bring [Pa.B. Doc. No. 97-706. Filed for public inspection May 2, 1997, 9:00 a.m.] relevant claims files, documents, photographs, drawings, witnesses and the like necessary to substantiate the case. The insured must bring any evidence which the insured may want to offer at the hearing. The hearing will be held in accordance with the requirements of sections 9 and 10 of the act (40 P. S. §§ 1008.9 and 1008.10) and 1 Request for Redomestication Pa. Code Part II (relating to the General Rules of Administrative Practice and Procedure). Corporate Health Insurance Company, a Minnesota life insurance company, has submitted a Plan of Redomestica- After the hearing, the Insurance Commissioner will tion, whereby it proposes to redomesticate from the State issue a written order resolving the factual issues pre- of Minnesota to the Commonwealth of Pennsylvania. The sented at the hearing and stating what remedial action, if filing was made under 15 Pa.C.S. §§ 1101—1110 (relating any, is required. The Commissioner’s Order will be sent to to Business Corporation Law of 1988). Persons wishing to those persons participating in the hearing or their desig- comment on this redomestication are invited to submit a nated representatives. The order of the Commissioner is written statement to the Insurance Department within 30 subject to judicial review by the Commonwealth Court. days of the date of this issue of the Pennsylvania Bulletin. Each written statement must include the name, address Persons with a disability who wish to attend the and telephone number of the interested party, identifica- above-referenced administrative hearing and require an tion of the application to which the statement is ad- auxiliary aid, service or other accommodation to partici- dressed, and a concise statement with sufficient detail to pate in the hearing should contact Tracey Pontius, Agency inform the Insurance Department of the exact basis of the Coordinator at (717) 787-4289. statement and the relevant facts upon which it is based. LINDA S. KAISER, Written statements should be directed to Robert Insurance Commissioner Brackbill, Licensing Specialist, Company Licensing Divi- [Pa.B. Doc. No. 97-708. Filed for public inspection May 2, 1997, 9:00 a.m.] sion, Insurance Department, 1345 Strawberry Square, Harrisburg, PA 17120 or by fax to (717) 787-8557. LINDA S. KAISER, Insurance Commissioner [Pa.B. Doc. No. 97-707. Filed for public inspection May 2, 1997, 9:00 a.m.] Review Procedure Hearings; Cancellation or Re- fusal of Insurance

The following insurer has requested a hearing as authorized by section 9(a) of the act of June 5, 1968 (P. L. Review Procedure Hearings; Cancellation or Re- 140, No. 78) (40 P. S. § 1008.9(a)) in connection with the fusal of Insurance termination of the insured’s automobile policy. The hearing will be held in the Capitol Associates The following insureds have requested a hearing, as Building, 901 North Seventh Street, Second Floor Hear- authorized by section 9(a) of the act of June 5, 1968 (P. L. ing Room, Harrisburg, PA 17102. 140, No. 78) (40 P. S. § 1008.9(a)) in connection with their company’s termination of the insured’s automobile poli- Appeal of Erie Insurance Group; file no. 97-121-01454; cies. Larry Boyer; doc. no. P97-04-035; June 9, 1997, at 11 a.m.

PENNSYLVANIA BULLETIN, VOL. 27, NO. 18, MAY 3, 1997 2218 NOTICES

Both parties may appear with or without counsel and Department: Pennsylvania Liquor Control Board offer relevant testimony or evidence to support their Location: Bureau of Real Estate, Brandywine respective positions. The representative of the company Plaza, 2223 Paxton Church Road, Har- must bring relevant claims files, documents, photographs, risburg, PA 17110-9661 drawings, witnesses and the like necessary to substanti- Contact: Willard Rhodes, (717) 657-4228 ate the case. The insured must bring any evidence which JOHN E. JONES, III, the insured may want to offer at the hearing. The hearing Chairperson will be held in accordance with the requirements of [Pa.B. Doc. No. 97-710. Filed for public inspection May 2, 1997, 9:00 a.m.] sections 9 and 10 of the act (40 P. S. §§ 1008.9 and 1008.10) and 1 Pa. Code Part II (relating to General Rules of Administrative Practice and Procedure). After the hearing, the Insurance Commissioner will issue a written order resolving the factual issues pre- MILK MARKETING BOARD sented at the hearing and stating what remedial action, if any, is required. The Commissioner’s Order will be sent to Presubmission Schedule, Prehearing Conference those persons participating in the hearing or their desig- and Hearing; Milk Marketing Area No. 1 nated representatives. The order of the Commissioner is subject to judicial review by the Commonwealth Court. Under the Milk Marketing Law (31 P. S. §§ 700j-101— 700j-1204), the Milk Marketing Board (Board) will con- Persons with a disability who wish to attend the duct a public hearing for Milk Marketing Area No. 1 on above-referenced administrative hearing and require an June 11, 1997, beginning at 9 a.m. in Meeting Room B on auxiliary aid, service or other accommodation to partici- the second floor of the Farm Show Complex, Cameron pate in the hearing should contact Tracey Pontius, Agency and Maclay Streets, Harrisburg, PA. Coordinator at (717) 787-4289. The purpose of the hearing will be to receive testimony LINDA S. KAISER, and exhibits concerning cost replacement in Milk Market- Insurance Commissioner ing Area No. 1. Consistent with Official General Order [Pa.B. Doc. No. 97-709. Filed for public inspection May 2, 1997, 9:00 a.m.] No. A-890A (CRO 1), evidence will be limited to the following: 1. Evidence of annualized costs for the processing, packaging and delivery cost centers based solely on audits of the cross section milk dealers’ financial statements (PMMB-60s) for the 1996 calendar year. LIQUOR CONTROL BOARD 2. Evidence of unit costs for containers and ingredients based on audits of applicable invoices of the cross section Expiration of Leases milk dealers dated not later than April 30, 1997. 3. Evidence of costs for purchasing Class II price- The following Liquor Control Board lease will expire: controlled packaged products based on audits of appli- Cumberland County, Wine and Spirits Shoppe # 2106, cable invoices of the cross section milk dealers dated not Silver Spring Commons, 6520 Carlisle Pike, Mechanics- later than April 30, 1997, along with recommendations burg, PA 17055-5251. concerning a methodology for calculating the prices of products and container sizes for which no evidence of Lease Expiration Date: October 31, 1997 purchase costs is presented. Lease retail commercial space to the Commonwealth of 4. Evidence concerning a reasonable rate of return to Pennsylvania. Proposals are invited to provide the Penn- milk dealers. sylvania Liquor Control Board with approximately 2,800 to 3,200 net useable square feet of new or existing retail The staff of the Board is deemed to be a party to this commercial space within a half mile radius around the hearing, and the staff’s attorney is deemed to have intersection of Routes 11 and 114 in Silver Spring Town- entered her appearance on their behalf. Other persons ship. that may be affected by the Board order fixing prices in Area 1 may be included on the Board’s list of parties by: Proposals due: May 23, 1997 at 12 noon 1. Having their counsel file with the Board, on or Department: Pennsylvania Liquor Control Board before May 12, 1997, a notice of appearance substantially Location: Bureau of Real Estate, Brandywine in the form prescribed by 1 Pa. Code § 31.25 (relating to Plaza, 2223 Paxton Church Road, Har- form of notice of appearance), which shall identify by risburg, PA 17110-9661 name and address the party on whose behalf the appear- Contact: Ron Hancher, (717) 657-4228 ance is made. Thereafter documents and other written Cumberland County, Wine and Spirits Shoppe # 2102/ communications required to be served upon or furnished 2104WS, West Shore Plaza Shopping Center, 1200 Mar- to that party shall be sent to the attorney of record. ket Street, Lemoyne, PA 17043-1417. 2. If unrepresented by counsel and wishing to appear on their own behalf under to 1 Pa. Code § 31.21 (relating Lease Expiration Date: March 31, 1998 to appearance in person), filing with the Board, on or Lease retail commercial space to the Commonwealth of before May 12, 1997, an address to which documents and Pennsylvania. Proposals are invited to provide the Penn- other written communications required to be served upon sylvania Liquor Control Board with approximately 10,080 them or furnished to them may be sent. net useable square feeet of new or existing retail commer- A. Each party shall file with the Board seven copies cial space on Market Street within the Lemoyne Borough. and serve on all other parties one copy of the following on Proposals due: May 23, 1997 at 12 noon or before May 21, 1997:

PENNSYLVANIA BULLETIN, VOL. 27, NO. 18, MAY 3, 1997 NOTICES 2219

1. A list of witnesses who will testify for the party. A 801 of the act (31 P. S. § 700j-801), the Board will receive witness who will be offered as an expert shall be so evidence concerning a reasonable rate of return. Other- identified, along with the witness’s area or areas of wise, consistent with Official General Order No. A-887 proposed expertise. (CRO 1), evidence will be limited to the following: 2. A statement of the subjects concerning which each 1. Evidence of annualized costs for the processing, witness will testify. packaging and delivery cost centers based solely on audits of the cross section milk dealers’ financial statements 3. Each exhibit to be presented, including testimony to (PMMB-60s) for the 1996 calendar year. be offered in written form. 2. Evidence of unit costs for containers and ingredients B. Requests by parties for Board staff to provide data based on audits of applicable invoices of the cross section pertinent to the hearing shall be made in writing and dealers dated not later than April 30, 1997. received in the Board office on or before May 14, 1997. 3. Evidence of costs for purchasing Class II price- C. A list of rebuttal witnesses and copies of rebuttal controlled packaged products based on audits of appli- exhibits shall be filed with the Board (seven copies) and cable invoices of the cross section milk dealers dated not served on all other parties (one copy) on or before May 30, later than April 30, 1997, along with recommendations 1997. concerning a methodology for calculating the prices of D. Parties shall have available in the hearing room at products and container sizes for which no evidence of least 20 copies of the documents described in paragraphs purchase costs is presented. A and C for distribution to nonparties attending the The staff of the Board is deemed to be a party to this hearing. hearing, and the staff’s attorney is deemed to have E. Parties that wish to offer in evidence documents on entered her appearance on their behalf. Other persons file with the Board, public documents, or records in other that may be affected by the Board order fixing prices in Board proceedings, or that wish the Board to take official Area 5 may be included on the Board’s list of parties by: notice of facts, shall comply with, respectively, 1 Pa. Code 1. Having their counsel file with the Board, on or § 35.164, 35.165, 35.167 and 35.173. Whenever these before May 12, 1997, a notice of appearance substantially rules require production of a document as an exhibit, in the form prescribed by 1 Pa. Code § 31.25 (relating to copies shall be provided to each Board member and to all form of notice of appearance), which shall identify by other parties; in addition, at least 20 copies shall be name and address the party on whose behalf the appear- available for distribution to nonparties attending the ance is made. Thereafter documents and other written hearing. communications required to be served upon or furnished The Board may exclude witnesses or exhibits of a party to that party shall be sent to the attorney of record. that fails to comply with the requirements of paragraph A 2. If unrepresented by counsel and wishing to appear or C. on their own behalf under 1 Pa. Code § 31.21 (relating to A prehearing conference for all parties will be held at appearance in person), filing with the Board, on or before 1:30 p.m. on June 6, 1997, in Room 110 of the Agriculture May 12, 1997, an address to which documents and other Building, 2301 North Cameron Street, Harrisburg. Par- written communications required to be served upon them ties shall come prepared to address requests for the or furnished to them may be sent. production of documents relied on in formulating their A. Each party shall file with the Board seven copies testimony and exhibits. and serve on all other parties one copy of the following on The filing address for the Board is Milk Marketing or before May 21, 1997: Board, Room 110, Agriculture Building, 2301 North 1. A list of witnesses who will testify for the party. A Cameron Street, Harrisburg, PA 17110. witness who will be offered as an expert shall be so Persons who require this information in an alternate identified, along with the witness’s area or areas of format should call (717) 787-4194 or (800) 654-5984 (PA proposed expertise. Relay Service for TDD Users). 2. A statement of the subjects concerning which each O. FRANK DEGARCIA, witness will testify. Executive Secretary 3. Each exhibit to be presented, including testimony to [Pa.B. Doc. No. 97-711. Filed for public inspection May 2, 1997, 9:00 a.m.] be offered in written form. B. Requests by parties for Board staff to provide data pertinent to the hearing shall be made in writing and received in the Board office on or before May 14, 1997. Presubmission Schedule, Prehearing Conference C. A list of rebuttal witnesses and copies of rebuttal and Hearing; Milk Marketing Area No. 5 exhibits shall be filed with the Board (seven copies) and served on all other parties (one copy) on or before May 30, Under the Milk Marketing Law (act), 31 P. S. §§ 700j- 1997. 101—700j-1204), the Milk Marketing Board (Board) will D. Parties shall have available in the hearing room at conduct a public hearing for Milk Marketing Area No. 5 least 20 copies of the documents described in paragraphs on June 11, 1997, commencing at 1 p.m. in Meeting Room A and C for distribution to nonparties attending the B on the second floor of the Farm Show Complex, hearing. Cameron and Maclay Streets, Harrisburg, PA. E. Parties that wish to offer in evidence documents on The purpose of the hearing will be to receive testimony file with the Board, public documents, or records in other and exhibits concerning cost replacement in Milk Market- proceedings before the Board, or who wish the Board to ing Area No. 5. Inasmuch as the milk dealers’ profit take official notice of facts, shall comply with, respec- margin is integral to establishing prices under section tively, 1 Pa. Code § 35.164, 35.165, 35.167 and 35.173.

PENNSYLVANIA BULLETIN, VOL. 27, NO. 18, MAY 3, 1997 2220 NOTICES

Whenever these rules require production of a document 2. Extension of consideration period for affiliated inter- as an exhibit, copies shall be provided to each Board est agreements; member and to all other parties; in addition, at least 20 3. Federal Energy Regulatory Commission (FERC) Or- copies shall be available for distribution to nonparties der 633 transition adjustment filing; attending the hearing. 4. Joint application to switch customers with no pro- The Board may exclude witnesses or exhibits of a party tests; that fails to comply with the requirements of paragraph A or C. 5. Petition for extension of 120-day period; A prehearing conference for all parties will be held at 6. Routine Changes to State Tax Adjustment Surcharge 1:30 p.m. on June 6, 1997, in Room 110 of the Agriculture (STAS). Building, 2301 North Cameron Street, Harrisburg. Par- These items will now be addressed by Secretarial letter. ties shall come prepared to address requests for the These actions may be appealed to the Commission by production of documents relied on in formulating their filing a petition within 10 days after service of notice of testimony and exhibits. the action, unless a different time period is specified. 52 The filing address for the Board is Milk Marketing Pa. Code § 5.44. Board, Room 110, Agriculture Building, 2301 North The contact person for this matter is Susan T. Cameron Street, Harrisburg, PA 17110. Povilaitis, Assistant Counsel, Law Bureau, (717) 787- Persons who require this information in an alternate 2871. format should call (717) 787-4194 or (800) 654-5984 (PA JOHN G. ALFORD, Relay Service for TDD Users). Secretary O. FRANK DEGARCIA, [Pa.B. Doc. No. 97-713. Filed for public inspection May 2, 1997, 9:00 a.m.] Executive Secretary [Pa.B. Doc. No. 97-712. Filed for public inspection May 2, 1997, 9:00 a.m.]

Service of Notice of Motor Carrier Applications

The following temporary authority and/or permanent PENNSYLVANIA PUBLIC authority applications for the right to render service as a common carrier or contract carrier in this Commonwealth UTILITY COMMISSION have been filed with the Pennsylvania Public Utility Commission. Publication of this notice shall be considered Delegation of Certain Routine, Ministerial and as sufficient notice to all carriers holding authority from Nonpolicymaking Public Meeting Agenda Items this Commission. Applications will be considered without hearing in the absence of protests to the application. The Pennsylvania Public Utility Commission, at its Protests to the applications published herein are due on March 13, 1997, public meeting, delegated certain rou- or before May 27, 1997 as set forth at 52 Pa. Code tine, ministerial and nonpolicymaking public meeting § 3.381 (relating to the applications for the transporta- agenda items to the Bureau Directors for dispositions. tion of property and persons). The protests shall also These matters include the following: indicate whether it applies to the temporary authority Bureau of Transportation and Safety (Rail): application or the permanent application or both. 1. Application of rail abolition/alteration/reconstruction Applications of the following for approval of the (without hearing); beginning of the exercise of the right and privi- 2. Approval of construction plans (without hearing); lege of operating as common carriers for transportation of persons as described under each 3. Approval of rail/highway construction allocation application. costs (without hearing); A-00113875. Aval Salame (2016 Paxton Church Road, 4. Request for extension of time to complete work; Harrisburg, Dauphin County, PA 17110)—persons, upon 5. Approval of invoices for costs involved in rail/ call or demand in the county of Dauphin. Attorney: Peter highway crossing matters; B. Foster, 121 South Street, Harrisburg, PA 17101. 6. Approval of maintenance responsibilities and assign- Applications of the following for approval of the ment (without hearing); beginning of the exercise of the right and privilege of operating motor of operating motor ve- 7. Ratification of Bureau Director in approving plans; hicles as common carriers for the transportation 8. Application to close record (without hearing). of persons by transfer of rights as described under each application. Bureau of Transportation and Safety (Motor Carrier): A-00113411, Folder 2. Larose Limousine Service, 1. Name and entity changes. Inc. (68 Oak Ridge Drive, Voorhees, NJ 08043), a corpo- Bureau of Audits: ration of the State of New Jersey—persons, in limousine 1. Release of Section 1307(d) audit reports; service, between points in the counties of Philadelphia and Delaware; subject to the following condition: that the 2. Continuing Property Records (CPR) audits. transportation originating in Delaware County be limited Bureau of Fixed Utility Services: to that portion of the county bounded by Baltimore Pike on the north, Lansdowne Avenue on the west and Main 1. Approval of water metering survey and improvement Street on the south; which is to be a transfer of the right plan; authorized under the certificate issued at A-00111307 to

PENNSYLVANIA BULLETIN, VOL. 27, NO. 18, MAY 3, 1997 NOTICES 2221

Dwayne A. Jones, t/d/b/a Impressive Limousine Services, nia; which is to be a transfer of the rights authorized subject to the same limitations and conditions. Attorney: under the certificate issued at A-00033483, F. 4, to B. K. Richard T. Mulcahey, Jr., Two Penn Center, Suite 1400, W. Coach Line, a corporation of the Commonwealth of 1500 John F. Kennedy Boulevard, Philadelphia, PA Pennsylvania, subject to the same limitations and condi- 19102-1890. tions. Attorney: Anthony J. Forchi, P. O. Box 88, Harris- burg, PA 17108. Applications of the following for approval of the additional right and privilege of operating motor Property, Excluding Household Goods in Use vehicles as common carriers for transportation of persons as described under each application. The following applications for the authority to transport property, excluding household goods in use, between A-00109425, Folder 5. Barker Brothers, Inc., t/d/b/a points in Pennsylvania, have been filed with the Pennsyl- Pittsburgh North Aire Ride (R. D. 2, Kittanning, vania Public Utility Commission. Public comment to these Armstrong County, PA 16201), a corporation of the Com- applications may be filed, in writing with the Secretary, monwealth of Pennsylvania—additional right—persons in Pennsylvania Public Utility Commission, P.O. Box 3265, group and party service, between points within an airline Harrisburg, PA 17105-3265 on or before May 19, 1997. distance of 75 statute miles of the Armstrong County Courthouse in the borough of Kittanning, Armstrong A-00113877 Ken’s Transport, Inc. County, and from points in said territory, to points in 17444 Gar Highway, P.O. Box 148, Pennsylvania, and return; subject to the following condi- Montville, OH 44064 tions: (1) excluding therefrom the right to transport A-00113884 Ron Flora Towing & Service, Inc. persons between points in Allegheny County; and (2) 2116 Brownsille Road, Pittsburgh, PA 15210 provided that such group and party service shall be provided in vehicles having a seating capacity of 28 A-00113890 Mary C. & Donna R. Powers, t/d/b/a Powers passengers or less. Attorney: Elizabeth L. Lynch, 600 Trucking Grant Street, 42nd Floor, Pittsburgh, PA 15219. 664 North Swissvale Road, P.O. Box 791, Lock Haven, PA 17745 Application of the following for the approval of the A-00113891 Milestone Materials, Inc., t/d/b/a HRI, Inc. transfer of stock as described under each applica- P.O. Box 155, State College, PA 16804-0155 tion. A-00113892 Dennis G. Sweet, t/d/b/a Sweet’s Trucking A-00110269, Folder 5000. Aspire Limousine Ser- 129 East Church Street, Corry, PA 16407 vice, Inc., t/d/b/a AA Direct Town Car (109 Torey A- Joseph Hohol, t/d/b/a Hohol Trucking & Circle, Lansdale, Montgomery County, PA 19446), a corpo- 00113370, Excavating ration of the Commonwealth of Pennsylvania—for ap- F. 2 121 North 12th Street, Connellsville, PA proval of the transfer of all of the issued and outstanding 15425 100 shares of stock from Samuel Blutstein to Shaikh A. Hamid. Attorney: John J. Gallagher, P.C., Suite 1100, A- TNT Expedited Services, Inc. 1760 Market Street, Philadelphia, PA 19103. 00113393, 4401 Stecker Road, Dearborn, MI 48126: F. 2 John W. Bryant, Esquire, Eames Wilcox, Applications of the following for approval amend- 1400 Buhl Building, Detroit MI 48226-3602 ment of the right and privilege of operating motor A-00113896 Carl P. Brown, Jr., & David A. Sottt, t/d/b/a vehicles as common carriers for the transporta- C&DTransport tion of persons by transfer of rights as described 201 Pine Swamp Road, Elverson, PA 19520 under each application. A-00113898 George G. Lane, Jr., t/d/b/a G. Lane & Son A-00097618, Folder 1, Am-F H. E. Rohrer, Inc. (1515 Trucking State Road, P.O. Box 100, Duncanon, Perry County, PA R. D. #2, Box 365, Ruffsdale, PA 15679 17020), a corporation of the Commonwealth of Pennsylva- A-00113899 Gary G. McDowell, t/d/b/a McDowell Enter- nia, inter alia—persons in group and party service: (1) prises from the borough of Shamokin Dam, Snyder County, and 28 Bank Street, Smethport, PA 16749: points within an airline distance of 15 statute miles of the Dwight L. Koerber, Jr., Esquire, Kriner, limits of said borough, excluding points in the township of Koerber & Kirk, 110 North Second Street, Lower Mahanoy (except the village of Dalmatia), Jordon P.O. Box 1320, Clearfield, PA 16830 and Jackson, the city of Shamokin and the borough of Milton, Northumberland County, and the borough of A-00113900 Larry J. Forgy Danville, Montour County, to points in Pennsylvania; (2) R. D. #1, Box 144, Tyrone, PA 16686 from the villages of McAlisterville and Richfield, Juniata A-00113901 John W. Fox County, the townships of Chapman and Franklin, Snyder 200 South Cherry Street, Myerstown, PA County, and the township of Upper Mahanoy, Northum- 17067 berland County, to points in Pennsylvania; (3) from points in the townships of Lower Mahanoy, Jordon and Jackson, A-00113902 Harry E. Butler, Jr. the city of Shamokin and the borough of Milton, North- 47 Oriole Avenue, Media, PA 19063 umberland County, and the borough of Danville, Montour A-00113903 James R. McKenrick, t/d/b/aJRMckenrick County, located within an airline distance of 15 statute Bulk Transfer miles of the limits of the borough of Shamokin Dam, 7446 Old State Road, Edinburg, PA 16412 Snyder County, to points within an airline distance of 30 statute miles of the point of origin; and (4) from the A-00113904 Randall T. Boyd boroughs of Middleburg and Beaver Springs, Snyder 5618 Old Farm Lane, Mohnton, PA 19540 County, and points on U.S. Highway Route 522 and A-00113905 E. Lynn Robbins, t/d/b/a Robbins Lumber within an airline distance of 5 statute miles of said route Company between the aforesaid boroughs to points in Pennsylva- R. R. #1, Box 36, Olanta, PA 16863

PENNSYLVANIA BULLETIN, VOL. 27, NO. 18, MAY 3, 1997 2222 NOTICES

A-00113906 Robert B. Sargent, t/d/b/a R. & J. Sargent Trucking R. D. #8, Box 8237, SUSQUEHANNA RIVER Stroudsburg, PA 18360 BASIN COMMISSION A-00113907 Yolanda Vucina & Lori Harr, Copartners, t/d/b/a L & L Courtesy Carriers Comprehensive Plan; Fee Schedule R. D. #1, Box 132B, Latrobe, PA 15650 Agency: Susquehanna River Basin Commission (SRBC) A-00113908 J. V. Rigging, Inc. Box 4097, 740 Greensburg Road, New Action: Notice of Public Hearing on Addition to Com- Kensington, PA 15068: William A. Gray, prehensive Plan; Fee Schedule 2310 Grant Building, Pittsburgh, PA 15219 The Susquehanna River Basin Commission will hold A-00113909 Katz Transport, Inc. two public hearings in conjunction with its regular meet- 101 Watson Drive, Monongahela, PA 15063: ing on May 15, 1997, at the Best Western Eden Resort James W. Haines, Jr., 1202 West Main Inn & Conference Center, 222 Eden Road, Lancaster, PA Street, Monongahela, PA 15063 beginning at 8:30 a.m. The first hearing will be for the purpose of receiving public comments on the inclusion of A-00113910 Jennifer Frantz the proposed Out-of-Basin Diversion Policy and Protocol R. D. #1, Box 1B, Vintondale, PA 15961 in the Commission’s Comprehensive Plan for Management A-00113911 David R. Donaldson, t/d/b/a Three D Truck- and Development of the Water Resources of the ing Susquehanna River Basin. A second hearing will follow Box 565, Midway, PA 15060 thereafter on proposed revisions to the Commission’s project review fee schedule. A-00113912 Barry K. Lowe, Sr., t/d/b/a Make Your Move 5158 Cleveland Avenue, West Mifflin, PA Under Section 3.10 of the Susquehanna River Basin 15122-1369 Compact, P. L. 91-575, 84 Stat 1509 et seq., the Commis- sion must review and approve all diversions of water from JOHN G. ALFORD, the Susquehanna River Basin. Up to this time, the Secretary Commission has adopted no formal policy position or [Pa.B. Doc. No. 97-714. Filed for public inspection May 2, 1997, 9:00 a.m.] statement on how it will evaluate proposed diversions, but has relied on positions articulated in past docket decisions. This policy establishes the principles that the Commission will consider in the approval of diversions and adds a protocol describing how those principles will be applied. Written comments will also be accepted and made a part of the hearing record. Telecommunications The proposed revisions to the fee schedule will abolish A-310424F0002. Bell Atlantic-Pennsylvania, Inc. the annual compliance monitoring fee for most projects and 360° Communications Company. Joint Petition of and implement an upfront charge to defray the cost of Bell Atlantic-Pennsylvania, Inc. and 360° Communica- compliance monitoring. The Commission will also be able tions Company for Approval of an Interconnection Agree- to charge an extraordinary project review fee for projects ment under sections 251 and 252 of The Telecommunica- that, because of their complexity, require an extraordi- tions Act of 1996. nary expenditure of review time by Commission staff. Several other changes are proposed to improve the format Bell Atlantic-Pennsylvania, Inc. and 360° Communica- and readability of the fee schedule. tions Company, by its counsel, filed on April 16, 1997, at the Public Utility Commission, a Joint Petition for ap- Copies of the entire policy statement and protocol and proval of an Interconnection Agreement under sections the proposed revisions to the fee schedule may be ob- 251 and 252 of The Telecommunications Act of 1996. tained upon request to the Commission at 1721 N. Front Street, Harrisburg, PA 17102-2391, (717) 238-0423. Writ- Interested parties may file comments concerning the ten comments may be submitted to and further informa- application and agreement with the Secretary, Pennsylva- tion obtained from Richard A. Cairo, General Counsel. nia Public Utility Commission, P. O. Box 3265, Harris- burg, PA 17105-3265. All comments are due on or before PAUL O. SWARTZ, 20 days after the date of publication of this notice. Copies Executive Director of the Bell Atlantic-Pennsylvania, Inc. and 360° Commu- [Pa.B. Doc. No. 97-716. Filed for public inspection May 2, 1997, 9:00 a.m.] nications Company Joint Petition are on file with the Pennsylvania Public Utility Commission and are available for public inspection. The contact person is Cheryl Walker Davis, Director, Office of Special Assistants, 787- 7466. JOHN G. ALFORD, TREASURY DEPARTMENT Secretary Request for Proposals [Pa.B. Doc. No. 97-715. Filed for public inspection May 2, 1997, 9:00 a.m.] The Treasury Department will be accepting proposals to provide consulting services for the design of a disaster recovery plan to support computer and check production operations of the Treasury Department. Interested parties may receive a copy of the request for proposals by contacting the Treasury Department at (717) 787-9701.

PENNSYLVANIA BULLETIN, VOL. 27, NO. 18, MAY 3, 1997 NOTICES 2223

Proposals in response to this request will be accepted no istration Building. Copies may be purchased upon pay- later than 4:30 p.m., Tuesday, May 27, 1997. ment of $25 per set (do not add State tax) by check or BARBARA HAFER, P. O. Money Order (no cash) to the Turnpike Commission, Treasurer Attention: Secretary-Treasurer’s Office, P. O. Box 67676, Harrisburg, PA 17106-7676. No refund for any reason will [Pa.B. Doc. No. 97-717. Filed for public inspection May 2, 1997, 9:00 a.m.] be made for plans, specifications and contract documents. A mandatory prebid meeting for the project will be held on May 7, 1997, beginning at 1 p.m., at the field office of the Construction Manager, Dick Enterprises, Inc., TURNPIKE COMMISSION Fairchance Industrial Park, 100 Laurel View Drive, Suite 2, Smithfield, PA. Request for Proposals A Prequalification Certification and Maximum Capacity Sealed Proposals will be received by Jeffrey L Hess, Rating assigned by the Prequalification Committee of the Purchasing Manager, at the Administration Building, Department of Transportation is a necessary prerequisite Harrisburg-East Interchange near Highspire, PA (Mailing for bidding on this project. Address: P. O. Box 67676, Harrisburg, PA 17106-7676) Contact the Purchasing Manager for listing of other and publicly opened and read at the date and time locations where plans and specs can be inspected. indicated below for the following Contract: JAMES F. MALONE, III, Contract No. 94-001-FT59. Structural Demolition Chairperson and/or Removal for the Mon/Fayette Expressway in [Pa.B. Doc. No. 97-719. Filed for public inspection May 2, 1997, 9:00 a.m.] Fayette County. Bid Opening Date: May 22, 1997, 11 a.m. Bid Surety:5% Plans, Specifications and Contract documents will be Request for Proposals available and open to the public inspection at the Admin- istration Building. Copies may be purchased upon pay- Sealed Proposals will be received by Jeffrey L. Hess, ment of $25 per set (do not add state tax) by check or Purchasing Manager, at the Administration Building, P. O. Money Order (no cash) to the Turnpike Commission, Harrisburg-East Interchange near Highspire, PA (Mailing Attention: Secretary-Treasurer’s Office, P. O. Box 67676, Address: P. O. Box 67676, Harrisburg, PA 17106-7676) Harrisburg, PA 17106-7676. No Refund for any reason and publicly opened and read at the date and time will be made for plans, specifications and contract docu- indicated below for the following Contract: ments. Contract No. 94-001-FT02. Construction of Mon/ A mandatory prebid site review of the project will be Fayette Expressway, Section 50C, Between M. P. M-02.86 made on May 6, 1997. The inspection party will meet at and M. P. 05.72 in Fayette County, PA. Haydontown Fire Hall, south of Fairchance, PA, just west Bid Opening Date: May 29, 1997, 11 a.m. of Route 857, at 10 a.m., and will proceed to each site under the direction of authorized Commission personnel. Bid Surety:5% Plans, Cross Sections, Subsurface Profile, Specifications A Prequalification Certification and Maximum Capacity and Contract Documents will be available and open to Rating assigned by the Prequalification Committee of the public inspection at the Administration Building. Copies Pennsylvania Department of Transportation is a neces- of the desired Plans, Cross Sections, Specifications, and sary prerequisite for bidding on this project. Contract Bid Documents may be purchased upon pay- Contact the Purchasing Manager for listing of other ment of $180, by check or P. O. Money Order (no cash), locations where plans and specs can be inspected. payable to the Turnpike Commission, Attention: JAMES F. MALONE, III, Secretary-Treasurer’s Office, P. O. Box 67676, Harrisburg, Chairperson PA 17106-7676. Selection of the desired materials should be by the following designations with proper respective [Pa.B. Doc. No. 97-718. Filed for public inspection May 2, 1997, 9:00 a.m.] remittance. (Do not add sales tax). Construction Plans, including roadway, structures and subsurface profiles— $90; Cross Sections—$65; Specifications and Contract Bid Documents—$25; Total Package—$180. Request for Proposals A mandatory prebid meeting will be held at 10 a.m., on Sealed Proposals will be received by Jeffrey L. Hess, May 8, 1997, at the Uniontown Holiday Inn, 700 West Purchasing Manager, at the Administration Building, Main St., Uniontown, PA 15401, telephone (412) 437- Harrisburg-East Interchange near Highspire, PA (Mailing 2816. Address: P. O. Box 67676, Harrisburg, PA 17106-7676) A Prequalification Certification and Maximum Capacity and publicly opened and read at the date and time Rating assigned by the Prequalification Committee of the indicated below for the following Contract: Pennsylvania Department of Transportation is a neces- Contract No. 94-001-FS61-C. Construction of Wetland sary prerequisite for bidding on this project. Replacement for Mon/Fayette Expressway, S. R. 0043, Contact the Purchasing Manager for listing of other Section 50W in Fayette County, PA. locations where plans and specs can be inspected. Bid Opening Date: May 28, 1997, 11 a.m. JAMES F. MALONE, III, Chairperson Bid Surety:5% [Pa.B. Doc. No. 97-720. Filed for public inspection May 2, 1997, 9:00 a.m.] Plans, Specifications and Contract Documents will be available and open to the public inspection at the Admin-

PENNSYLVANIA BULLETIN, VOL. 27, NO. 18, MAY 3, 1997 2224 STATE CONTRACTS INFORMATION DEPARTMENT OF GENERAL SERVICES Notices of invitations for bids and requests for proposals on State contracts for services and commodities for which the bid amount is reasonably expected to be over $10,000, are published in the State Contracts Information Section of the Pennsylvania Bulletin prior to bid opening date. Information in this publication is intended only as notification to its subscribers of available bidding and contracting opportunities, and is furnished through the Department of General Services, Vendor Information and Support Division. No action can be taken by any subscriber or any other person, and the Commonwealth of Pennsylvania is not liable to any subscriber or any other person, for any damages or any other costs incurred in connection with the utilization of, or any other reliance upon, any information in the State Contracts Information Section of the Pennsylvania Bulletin. Interested persons are encouraged to call the contact telephone number listed for the particular solicitation for current, more detailed information. EFFECTIVE JULY 1, 1985, A VENDOR’S FEDERAL IDENTIFICATION NUMBER (NUMBER ASSIGNED WHEN FILING INCOME TAX DOCUMENTS) OR SOCIAL SECURITY NUMBER IF VENDOR IS AN INDIVIDUAL, MUST BE ON ALL CONTRACTS, DOCUMENTS AND INVOICES SUBMITTED TO THE COMMONWEALTH.

Act 266 of 1982 provides for the payment of interest penalties on certain invoices of ‘‘qualified small business concerns’’. A qualified small business concern is an independently owned, operated for profit, business employing 100 or fewer employes and is not a subsidiary or affiliate of a corporation otherwise not qualified. Such penalties apply to invoices for goods or services when payments are not made by the required payment date or within a 15 day grace period thereafter. The small business concern must include on every invoice submitted to the Commonwealth: ‘‘(name of vendor) is a qualified small business concern as defined at 4 Pa. Code § 2.32’’. For information on the required payment date and annual interest rate, please call the Pennsylvania Department of Commerce, Small Business Action Center, 483 Forum Building, 783-5700.

Reader’s Guide REQUIRED DATA DESCRIPTIONS ࠗ1 Service Code Identification Number: There are currently 39 state service Legal Services & Consultation—26 and contractural codes. See description of legend. ࠗ2 Commodity/Supply or Contract Iden- tification No.: When given, number should be referenced when inquiring of contract of Purchase Requisition. ࠗ1 Service Code Identification Number If more than one number is given, each number represents an addi- ࠗ2 Commodity/Supply or tional contract. Contract Identification No. ࠗ3 Contract Information: Additional information for bid preparation may be B-54137. Consultant to provide three 2-day training sessions, covering obtained through the departmental the principles, concepts, and techniques of performance appraisal and contracting official. standard setting with emphasis on performance and accountability, with a knowledge of State Government constraints. ࠗ4 Department: State Department or Department: General Services Agency initiating request for adver- ࠗ3 Contract tisement. Location: Harrisburg, Pa. Information Duration: 12/1/93-12/30/93 ࠗ5 Location: Area where contract perfor- Contact: Procurement Division mance will be executed. ࠗ4 Department 787-0000 ࠗ6 Duration: Time estimate for performance and/or execution of contract. ࠗ7 ࠗ5 Location ࠗ7 Contact: (For services) State Depart- (For Commodities: Contact:) ment or Agency where vendor inquiries are to be made. Vendor Services Section ࠗ6 Duration 717-787-2199 or 717-787-4705 (For commodities) Vendor Services Section (717) 787-2199 or (717) 787-4705

PENNSYLVANIA BULLETIN, VOL. 27, NO. 18, MAY 3, 1997 STATE CONTRACTS INFORMATION 2225

GET THAT COMPETITIVE EDGE—FOR FREE! Do you want to do business with your state government? The Treasury Department’s office of Contract Information Services can assist you by providing you with information that may be helpful to you in successfully bidding on State contracts. Act 244 of 1980 requires Commonwealth departments and agencies to file with the Treasury Department a copy of all contracts involving an expenditure of $5,000 or more. These fully executed contracts usually contain the vendor’s name, dollar value, effective and termination dates and contract specifications. Some contracts also include the names of other bidding vendors and the bid proposal compiled by the awarded vendor. There is a minimal cost for photocopying contracts. Allow the Treasury Department to ‘‘make a difference for you.’’ For contract information call the office of Contract Information Services TOLL-FREE (in Pennsylvania) at 1-800-252-4700 or (717) 787-4586. Or you may write or visit the office at Room G13, Finance Building, Harrisburg, Pa. 17120. BARBARA HAFER, State Treasurer

Online Subscriptions At http://www.statecontracts.com 1-800-334-1429 x340

1977076 Health care products—2500 gross; latex condoms, FDA approved, reservoir end, lubricated without nonoxynol-9, packaged in quantities of three (3) condoms to a single package, and bulk packaged by gross (144 condoms to a bulk package). Department: Health Location: Harrisburg, Dauphin County, PA Duration: FY 1996-97 Contact: Vendor Services: Fax request to (717) 783-6241 or call (717) 787-2199

8503850 Maintenance and repair shop equipment—250 each shovel, scoop; 1200 each Commodities shovel, long handle, square point, 48Љ fiberglass handle. Department: Transportation Location: Harrisburg, Dauphin County, PA Duration: FY 1996-97 Contact: Vendor Services: Fax request to (717) 783-6241 or call (717) 787-2199

1834166 Maintenance and repair shop equipment—1 system; Chief EZ-25 bench w/3-D Genesis measuring system ‘‘Gold Program’’ (no substitute), includes—bench, 3 towers, AUX RAM-ACC board, 2 year data subscription, training program and 1 year 8129580 Chemicals and chemical products—257350 gallon; dust palliative—liquid warranty parts/labor. calcium. Department: Education Department: Transportation Location: Thaddeus Stevens State School of Technology, Lancaster, Lancaster Location: Honesdale, Wayne County, PA County, PA Duration: FY 1996-97 Duration: FY 1996-97 Contact: Vendor Services: Fax request to (717) 783-6241 or call (717) 787-2199 Contact: Vendor Services: Fax request to (717) 783-6241 or call (717) 787-2199

1806116 Communication equipment—6 each color camera 1/2Љ CS mount; 1 each color 8970240 Motor vehicles, trailers and cycles—52 each 1997 model auto, utility, 4x4, 4 multiplexer and 24 hour recorder; 5 each 2.6 MM A/I lens and 4.5 A/I lens; 1 each 6 door with air conditioning and cruise control and 4 each 1997 model auto, utility, MM A/I lens; 4 each video alarm dome and alarm camera mount; 2 each video input executive, 4x4, 4 door with air conditioning and cruise control. board and various quantities of related equipment. Department: Transportation Department: Corrections Location: Harrisburg, Dauphin County, PA Location: Frackville, Schuylkill County, PA Duration: FY 1996-97 Duration: FY 1996-97 Contact: Vendor Services: Fax request to (717) 783-6241 or call (717) 787-2199 Contact: Vendor Services: Fax request to (717) 783-6241 or call (717) 787-2199 8970250 Motor vehicles, trailers and cycles—14 each 1997 model station wagon, 1825206 Communication equipment—15 each 6F electronic total station with spare mid-size. DBC 25 battery, charger, case, 256K data collector with DE9 download cable, case, Department: Transportation forensic mapping software and vertical mapping and map software with FM features Location: Harrisburg, Dauphin County, PA codes. Purchase to include training. Duration: FY 1996-97 Department: State Police Contact: Vendor Services: Fax request to (717) 783-6241 or call (717) 787-2199 Location: Harrisburg, Dauphin County, PA 1968186 Paper and printing—75M; fully/partial unsold pack(s) return envelope. Duration: FY 1996-97 Department: Revenue Contact: Vendor Services: Fax request to (717) 783-6241 or call (717) 787-2199 Location: Middletown, Dauphin County, PA 1875156 Communication equipment—1 each RTI (Research Technology International) Duration: FY 1996-97 Tapechek PRO-LINE 4100 videotape cleaner/evaluator for large and standard size Contact: Vendor Services: Fax request to (717) 783-6241 or call (717) 787-2199 betacam cassettes. 1991186 Paper and printing—4000M; No. 10 double window envelope—24 lb—4 1/8 x Department: General Services 9 1/2, white wove, recycled. Location: Harrisburg, Dauphin County, PA Department: Revenue Duration: FY 1996-97 Location: Middletown, Dauphin County, PA Contact: Vendor Services: Fax request to (717) 783-6241 or call (717) 787-2199 Duration: FY 1996-97 8204900 Communication equipment—3 each total station forensic mapping equipment Contact: Vendor Services: Fax request to (717) 783-6241 or call (717) 787-2199 w/vertical mapping capability. 1996076 Paper and printing—1500M; 3 part pin-fed continuous form with vertical Department: Transportation spacing of eight lines per inch, consecutive numbering. Location: Harrisburg, Dauphin County, PA Department: Health Duration: FY 1996-97 Location: Harrisburg, Dauphin County, PA Contact: Vendor Services: Fax request to (717) 783-6241 or call (717) 787-2199 Duration: FY 1996-97 1961216 Construction and building materials—furnish and install materials for the Contact: Vendor Services: Fax request to (717) 783-6241 or call (717) 787-2199 replacement of all existing doors and hardware at the Bensalem Youth Development 1926116 Pumps—1 each pump, condensate return, 3 x 2 duplex PPC package with Center. stainless steel check valve, pump gauge glass and 63 GA receiver, 3/4Љ reducing valve Department: Public Welfare and steam trap. Location: Bensalem, Bucks County, PA Department: Corrections Duration: FY 1996-97 Location: Graterford, Montgomery County, PA Contact: Vendor Services: Fax request to (717) 783-6241 or call (717) 787-2199 Duration: FY 1996-97 8970170—Construction, mining, excavating and highway maintenance equipment—36 Contact: Vendor Services: Fax request to (717) 783-6241 or call (717) 787-2199 each Plow Wing, Patrol—right. 1979116 Refrigerator and AC equipment—2 each indoor central station air handler. Department: Transportation Department: Corrections Location: Harrisburg, Dauphin County, PA Location: Waymart, Wayne County, PA Duration: FY 1996-97 Duration: FY 1996-97 Contact: Vendor Services: Fax request to (717) 783-6241 or call (717) 787-2199 Contact: Vendor Services: Fax request to (717) 783-6241 or call (717) 787-2199

PENNSYLVANIA BULLETIN, VOL. 27, NO. 18, MAY 3, 1997 2226 STATE CONTRACTS INFORMATION

1550156 Seating, theater—237 each furnish and install theater seating, referenced 1919116 Security systems, keying system—1 system: removable core keying system. manufacturer/style: Irwin Seating Co. or equal, Marquee No. 51566. Department: Corrections Department: Education Location: Waynesburg, Greene County, PA Location: University of Pittsburgh, Greensburg, Westmoreland County, PA Duration: FY 1996-97 Duration: FY 1996-97 Contact: Vendor Services: Fax request to (717) 783-6241 or call (717) 787-2199 Contact: Vendor Services: Fax request to (717) 783-6241 or call (717) 787-2199 8503860 Vehicular accessories—1000 each bracket, tripod mounting, truck mirror 1811116 Security systems—1 each furnish and deliver all equipment necessary to blind spot elimination. provide an electronic guard tour system for use at the State Correctional Institution at Department: Transportation Rockview. Location: Harrisburg, Dauphin County, PA Department: Corrections Duration: FY 1996-97 Location: Bellefonte, Centre County, PA Contact: Vendor Services: Fax request to (717) 783-6241 or call (717) 787-2199 Duration: FY 1996-97 Contact: Vendor Services: Fax request to (717) 783-6241 or call (717) 787-2199 SERVICES

Advertising, Public Relations—1 Computer Related Services—8

0117 Vendor to provide services to advance Cheyney University by identifying and 96-C00918 The Department of Corrections (DOC) seeks a service purchase contract cultivating major gift prospects, public relations and marketing. Proposals can be with a company or corporation to provide five Cobol programmers for technical obtained by contacting Ms. Antonia Williams, Contract Administrator/Compliance services. (Individual programmers may not apply directly to the DOC). Programmers Officer. are expected to perform all services on site and must conform to all DOC policies and Department: State System of Higher Education procedures. Programmers must possess extensive actual programming experience in Location: Cheyney University, Cheyney and Creek Roads, Cheyney, PA 19319 COBOL II and CICS. Contractor must be able to provide replacement programmers as Duration: 1 year with renewal options needed. Contact: Antonia Williams, (610) 399-2360 Department: Corrections Location: MIS-Computer Services, 55 Utley Drive, Camp Hill, PA 17001 Duration: Six months Contact: Patricia J. Cassell, (717) 975-4863

SP-334607 An Invitation to Bid (ITB) will be issued by the PA Fish and Boat Commission to select a data processing contractor/consultant to modify the existing computer system that currently handles the registration of motorboats for the Commonwealth. This system must be modified and enhanced to provide for the titling of motorboats. The system currently runs on a Bull HB Information Systems DPX/20 Agricultural Services—2 Model 690H (RISC 6000-AIX) computer platform that is running an emulated HVX (GC0S6) operating system. The system is currently written in COBOL. The consultant is expected to be knowledgeable in the areas of computers, on-line transaction processing, telecommunications systems and procedures, and State government constraints. Department: Fish and Boat Commission Location: Harrisburg, PA Area Duration: 7/1/97 to 10/30/97 Contact: Tom Thomas, (717) 657-4369 050-301 Pesticide spraying in the counties of Berks, Carbon, Lehigh, Monroe, Northampton, and Schuylkill as directed by the District Roadside Specialist or his designee. All requests for a bid proposal shall be requested by close of business May 6, 1997. Department: Transportation Location: Throughout Engineering District 5-0 Duration: One year from effective date Contact: William Bellas, (610) 798-4190 Construction and Construction Maintenance—9

Audio/Video—4 080961 Crawford County Group 1-97-100; Forest County SR 36 (05M); Forest County Group 1-97-300; Venango County Group 1-97-500; Elk County SR 66 (804); Lycoming County SR 2014 (63M); Tioga County SR 6 (69M and 70M); Tioga County SR 15 (M02); Tioga County SR 15 (M09); Lackawanna County Group 4-97-GR2; Pike County Group 4-97-GR4; Wayne County Group 4-96-GR6; Wyoming County Group 4-97-GR7; Lehigh County Group 5-97-POC3B; Schuylkill County Group 5-97-POC6B; Schuylkill County Group 5-97-POC6C; Bucks County Group 6-97-ST30; Delaware County Group 6-97- ST36; Delaware County Group 6-97-ST37; Philadelphia County Group 6-97-ST42; Adams County SR 116 (004); Dauphin County SR 225 (02A/012) ETAL; Lebanon OSSAFA-01 Provide title search services for properties located in/outside of Pennsyl- County SR 72 (015). vania. Services include but not limited to researching history of property pertaining to Department: Transportation title for prior sixty (60) years or for present owner fifteen (15) years. Location: Districts 1-0, 2-0, 3-0, 4-0, 5-0, 6-0, 8-0 Department: Office of Attorney General Duration: FY 1996-97 Location: Statewide Contact: V. C. Shah, (717) 787-5914 Duration: July 1, 1997—June 30, 1998 Contact: Jean M. Kreiser, (717) 783-2368

PENNSYLVANIA BULLETIN, VOL. 27, NO. 18, MAY 3, 1997 STATE CONTRACTS INFORMATION 2227

080962 Fulton County Group 9497 (RS2); Huntingdon County SR 522 (04B); Somerset DGS 1201-2 Project title: Improvements to Lobby and all Meeting Rooms. Brief County SR 985 (10B); Armstrong County Group 101-97/98-GR; Armstrong County SR description: interior construction work involving the repair and painting of existing 28 (150); Butler County Group 102-97/98-GR; Clarion County Group 103-97/98-GR; suspended ceilings and replacement of existing lighting involving general and electrical Indiana County Group 104-97/98-GR; Jefferson County Group 105-97/98-GR; Fayette construction work. General and electrical construction. Plans deposit: $40.00 per set. County Group 12-97-SI1; Fayette County SR 119 (13R); Greene County Group Payable to: Mavrovic Architects. Refundable upon return of plans and specifications in 12-97-SI2; Washington County SR 88 (20R); Washington County SR 43 (10A); reusable condition as construction documents within 15 days after the bid opening Westmoreland County Park-N-Ride; Venango County Group 1-97-50I; Lehigh County date. The bidder is responsible for the cost of delivery of the plans and specifications. Group 5-97-POC3C; Northampton County Group 5-97-POC5B; Allegheny County Contact the office listed below to arrange for delivery of documents. A separate check Group 111-96-7135-4. must be submitted to cover the cost of delivery. Mail request to: Mavrovic Architects, Department: Transportation 5401 Walnut Street, Pittsburgh, PA 15232, telephone (412) 687-1500. Bid date Location: Districts 1-0, 9-0, 10-0, 12-0, 5-0, 11-0 Wednesday, May 28, 1997 at 11:00 a.m. Pre-bid May 12, 1997 at 10:30 a.m. Meet at Duration: FY 1996-97 the Administrative Office at the David Lawrence Convention Center, Pittsburgh, PA. Contact: V. C. Shah, (717) 787-5914 Contact person: James Kresil, telephone (412) 565-6000, ext. 104. All contractors who have secured plans and specifications are invited and urged to attend. 080963 Montour County, State Route 2006, Section 01M. Department: General Services Department: Transportation Location: David L. Lawrence Convention Center, Pittsburgh, Allegheny Location: District 3-0 County, PA Duration: FY 1997/98 Duration: 150 calendar days from date of initial job conference Contact: Paul W. Beaver, Contract Mgt. Sup., (717) 368-4263 Contact: Contract Bidding Unit, (717) 787-6556

639027-006 Resurfacing the parking lot of Kreider Building. Approximately 2113 DGS 1576-6 Project title: Purchase and Installation of High Security Prefabricated square yards. Work includes fine grade stone areas, level up low areas and pave. Unit for 12 Additional Cells for Restricted Housing Facility. Brief description: addition Parking lines will be restriped. of 18 new cells, showers and HVAC/utility space to existing restricted housing unit. Department: Education Single story masonry wall, precast plank and wood truss/metal roof with concrete Location: Thaddeus Stevens State School of Technology, 750 East King Street, courtyard, exercise yard with security fence system. General, HVAC, plumbing and Lancaster, PA 17602 electrical construction. Plans deposit: $100.00 per set. Payable to: E. Pawlowski Duration: May 1, 1997 to May 31, 1997 Associates. Refundable upon return of plans and specifications in reusable condition as Contact: Betty Tompos, Business Manager, (717) 299-7749 construction documents within 15 days after the bid opening date. The bidder is responsible for the cost of delivery of the plans and specifications. Contact the office DGS A 270-5 Project title: Snow Removal Equipment Storage Building. Brief listed below to arrange for delivery of documents. A separate check must be submitted Ј Ј description: construct a 40 plus or minus x 76 plus or minus pre-engineered metal to cover the cost of delivery. Mail request to: E. Pawlowski Associates, Central Park building with pad on grade, overhead doors, window, man doors, heating and Commons, 430 Main Street, Johnstown, PA 15901, telephone (814) 536-5321. Bid date electricity. General, heating and electrical construction. Plans deposit: $25.00 per set. Wednesday, May 28, 1997 at 2:00 p.m. Payable to: The Commonwealth of Pennsylvania. Refundable upon return of plans and Department: General Services specifications in reusable condition as construction documents within 15 days after the Location: State Correctional Institution, Frackville, Schuylkill County, PA bid opening date. The bidder is responsible for the cost of delivery of the plans and Duration: 180 calendar days from date of initial job conference specifications. Contact the office listed below to arrange for delivery of documents. A Contact: Contract Bidding Unit, (717) 787-6556 separate check must be submitted to cover the cost of delivery. Mail request to: The Department of General Services, Room 107 Building, 18th and Herr Streets, Harris- Contract No. FDC-119-251 Removing a stone masonry wall; constructing a reinforced burg, PA 17125. Telephone: (717) 787-3923. Bid date: Wednesday, May 28, 1997 at 2:00 concrete wall; repointing joints; and replacing/resetting dislodged stones in existing p.m. A pre-bid conference has been scheduled for Tuesday, May 13, 1997 at 10:30 a.m. masonry walls. in Room 102 Headquarters Building, 18th and Herr Streets, Harrisburg, PA 17125. Department: Conservation and Natural Resources Contact: Keith Adadm, telephone (717) 783-7118. All contractors who have secured Location: Crawford Township, Clinton County, PA contract documents are invited and urged to attend this pre-bid conference. Duration: 120 days Department: General Services Contact: Construction Management Section, (717) 787-5055 Location: Grand Canyon State Airport, Wellsboro, Delmar Township, Tioga County, PA Duration: 120 calendar days from date of initial job conference Contact: Contract Bidding Unit, (717) 787-6556

DGS 553-29 Project title: Renovate Main Electrical Substation. Brief description: replace outdoor primary substation with new equipment. Electrical construction. Plans deposit: $60.00 per set. Payable to: Mark Ulrick Engineers, Inc. Refundable upon return of plans and specifications in reusable condition as construction documents within 15 days after the bid opening date. The bidder is responsible for the cost of delivery of the plans and specifications. Contact the office listed below to arrange for Engineering Services and Consultation—14 delivery of documents. A separate check must be submitted to cover the cost of delivery. Mail request to: Mark Ulrick Engineers, Inc., 2204 Walnut Street, Philadel- phia, PA 19103, telephone (215) 561-3340. Bid date Wednesday, May 21, 1997 at 2:00 p.m. A pre-bid conference has been scheduled for Thursday, May 15, 1997 at 11:00 a.m. Meeting to be held at Fire House, Old 525 and Pennsylvania Avenue, Selinsgrove, PA. Contact: Bill Zechman, telephone (717) 372-5150. All contractors who have secured contract documents are invited and urged to attend this pre-bid conference. Department: General Services Location: Selinsgrove Center, Selinsgrove, Snyder County, PA RFP No. AQ1997PR Consultant to develop and provide creative direction and Duration: 150 calendar days from date of initial job conference management assistance for air quality public involvement, information and education Contact: Contract Bidding Unit, (717) 787-6556 strategies over a three year period. Department: Environmental Protection DGS 578-18 Project title: Construction of a 27,000 Square Foot Replacement Minimum Location: Harrisburg, PA Security Unit with a Capacity for 150 Inmates. Brief description: work consists of the Duration: September 1997 (or earlier)—September 2000 construction of a new minimum security facility for 150 inmates including general, Contact: Bureau of Air Quality, (717) 787-9495 HVAC, plumbing, fireproofing and electrical construction. General, HVAC, plumbing and electrical construction. Plans deposit: $70.00 per set. Payable to: Sullivan Associates, Inc. Refundable upon return of plans and specifications in reusable condition as construction documents within 15 days after the bid opening date. The bidder is responsible for the cost of delivery of the plans and specifications. Contact the office listed below to arrange for delivery of documents. A separate check must be submitted to cover the cost of delivery. Mail request to: Sullivan Associates, Inc., 2314 Market Street, Philadelphia, PA 19103, telephone (215) 567-7300. Bid date Wednesday, May 28, 1997 at 2:00 p.m. Pre-bid conference has been scheduled for Tuesday, May 13, 1997 at 10:30 a.m. Meeting to be held in Dining Room, in Basement of Administration Firefighting Services—18 Building, Follies Road, Dallas, PA. Contact: Joseph Frederick at (717) 678-1101, ext. 317. All contractors who have secured contract documents are invited and urged to attend this pre-bid conference. Department: General Services Location: State Correctional Institution, Dallas, Luzerne County, PA Duration: 220 calendar days from date of initial job conference Contact: Contract Bidding Unit, (717) 787-6556

260099 Fire extinguisher maintenance service: the contractor shall supply all labor and parts to hydrostatically test, recharge, refill and repair fire extinguishers as requested by Hospital’s safety coordinator. Contractor must meet all M.F.P.A. standards and specifications in providing this service. Department: Public Welfare Location: Mayview State Hospital, 1601 Mayview Road, Bridgeville, PA 15017- 1599 Duration: 1/1/98—12/31/02 Contact: F. Molisee, Purchasing Agent, (412) 257-6215

PENNSYLVANIA BULLETIN, VOL. 27, NO. 18, MAY 3, 1997 2228 STATE CONTRACTS INFORMATION

Food—19 HVAC Services—22

6908 Meat and meat products. Project No. 001 Provide emergency and routine repair work for plumbing system. The Department: Military Affairs contractor must respond to the call within four (4) hours of receiving a call either Location: Hollidaysburg Veterans Home, Route 220 at Meadows Intersection, directly or via a recording device. Replacement parts must be as originally installed or P. O. Box 319, Hollidaysburg, PA 16648-0319 of equal quality and function. The contractor must agree to redeem manufacturer’s Duration: July, August, September 1997 warranty on parts where applicable, and further agree to guarantee workmanship and Contact: Becky Clapper, (814) 696-5210 replacement parts, provided by his firm for a 90 day period. Bid proposal forms used to submit bids are available from the State Armory Board. 6920 Bread, rolls and related products—fresh. Department: Military and Veterans Affairs Department: Military Affairs Location: OMS No. 27, 1501 Allen Street, Allentown, Lehigh County, PA Location: Hollidaysburg Veterans Home, Route 220 at Meadows Intersection, Duration: 1 October 97—30 September 2000 P. O. Box 319, Hollidaysburg, PA 16648-0319 Contact: Emma Schroff, (717) 861-8518 Duration: July, August, September 1997 Contact: Becky Clapper, (814) 696-5210 Project No. 002 Provide emergency and routine repair work for plumbing system. The contractor must respond to the call within four (4) hours of receiving a call either 97-011 Combination ice/beverage dispenser unit—non-carbonated and carbonated directly or via a recording device. Replacement parts must be as originally installed or products as follows: twelve month contract for purchase of various flavors of Bag-in a of equal quality and function. The contractor must agree to redeem manufacturer’s Box carbonated and non-carbonated beverages. With the purchase of product awarded warranty on parts where applicable, and further agree to guarantee workmanship and vendor shall supply, one combination ice/beverage dispenser unit. Unit shall have six replacement parts, provided by his firm for a 90 day period. Bid proposal forms used to push button valves which dispense four non-carbonated beverages and two carbonated submit bids are available from the State Armory Board. beverages. Beverage product shall be supplied as Bag-in-a-Box. Bids will be awarded Department: Military and Veterans Affairs on lowest aggregate basis. Location: OMS No. 29, 327 Frankstown Road, Altoona, Blair County, PA Department: Public Welfare Duration: 1 October 97—30 September 2000 Location: Bensalem Youth Development Center, 3701 Old Trevose Road, Contact: Emma Schroff, (717) 861-8518 Bensalem, PA 19020 Duration: July 1, 1997 through June 30, 1998 Project No. 003 Provide emergency and routine repair work for plumbing system. The Contact: Dorthia Claud-Williams, Purchasing, (215) 953-6412 contractor must respond to the call within four (4) hours of receiving a call either directly or via a recording device. Replacement parts must be as originally installed or 97-CI16 Pork primal cuts, approximately 200,000 lbs. over the next 12 months. Beef of equal quality and function. The contractor must agree to redeem manufacturer’s primal cuts, approximately 500,000 lbs. over the next 12 months. warranty on parts where applicable, and further agree to guarantee workmanship and Department: Corrections replacement parts, provided by his firm for a 90 day period. Bid proposal forms used to Location: Bureau of Correctional Industries, Meat Processing Plant, 2500 submit bids are available from the State Armory Board. Lisburn Road, Camp Hill, PA 17001 Department: Military and Veterans Affairs Duration: 12 month—bid quarterly Location: OMS No. 9A, 250 Kriess Road, Butler, Butler County, PA Contact: Linda Malinak, (717) 975-4931 Duration: 1 October 97—30 September 2000 Contact: Emma Schroff, (717) 861-8518 97-CI17 Comminuted turkey, under 20% fat, frozen and packed in 40 lb. boxes. 150,000 lbs. per year. Project No. 004 Provide emergency and routine repair work for plumbing system. The Department: Corrections contractor must respond to the call within four (4) hours of receiving a call either Location: Bureau of Correctional Industries, Meat Processing Plant, 2500 directly or via a recording device. Replacement parts must be as originally installed or Lisburn Road, Camp Hill, PA 17001 of equal quality and function. The contractor must agree to redeem manufacturer’s Duration: 12 months—bid monthly warranty on parts where applicable, and further agree to guarantee workmanship and Contact: Linda Malinak, (717) 975-4931 replacement parts, provided by his firm for a 90 day period. Bid proposal forms used to submit bids are available from the State Armory Board. 97-CI18 Veal trimmings, frozen 75/25 approximately 60,000 lbs. per year. Department: Military and Veterans Affairs Department: Corrections Location: OMS No. 25, 7th Avenue, Carbondale, Lackawanna County, PA Location: Bureau of Correctional Industries, Meat Processing Plant, 2500 Duration: 1 October 97—30 September 2000 Lisburn Road, Camp Hill, PA 17001 Contact: Emma Schroff, (717) 861-8518 Duration: 12 months—bid monthly Contact: Linda Malinak, (717) 975-4931 Project No. 005 Provide emergency and routine repair work for plumbing system. The contractor must respond to the call within four (4) hours of receiving a call either 97-CI19 Fish, whitefish blocks. Species: cod, pollack, whiting or haddock. Approximate directly or via a recording device. Replacement parts must be as originally installed or amount: 500,000 lbs. over twelve month period. of equal quality and function. The contractor must agree to redeem manufacturer’s Department: Corrections warranty on parts where applicable, and further agree to guarantee workmanship and Location: Bureau of Correctional Industries, Meat Processing Plant, 2500 replacement parts, provided by his firm for a 90 day period. Bid proposal forms used to Lisburn Road, Camp Hill, PA 17001-4931 submit bids are available from the State Armory Board. Duration: 12 months—bid monthly Department: Military and Veterans Affairs Contact: Linda Malinak, (717) 975-4931 Location: OMS No. 24, 504 Cavalry Road, Carlisle, Cumberland County, PA Duration: 1 October 97—30 September 2000 Contact: Emma Schroff, (717) 861-8518

Project No. 006 Provide emergency and routine repair work for plumbing system. The contractor must respond to the call within four (4) hours of receiving a call either directly or via a recording device. Replacement parts must be as originally installed or of equal quality and function. The contractor must agree to redeem manufacturer’s warranty on parts where applicable, and further agree to guarantee workmanship and replacement parts, provided by his firm for a 90 day period. Bid proposal forms used to submit bids are available from the State Armory Board. Department: Military and Veterans Affairs Location: OMS No. 11, R. D. 1, Box 541B, Connellsville, Fayette County, PA Duration: 1 October 97—30 September 2000 Contact: Emma Schroff, (717) 861-8518

Project No. 007 Provide emergency and routine repair work for plumbing system. The contractor must respond to the call within four (4) hours of receiving a call either directly or via a recording device. Replacement parts must be as originally installed or of equal quality and function. The contractor must agree to redeem manufacturer’s warranty on parts where applicable, and further agree to guarantee workmanship and replacement parts, provided by his firm for a 90 day period. Bid proposal forms used to submit bids are available from the State Armory Board. Department: Military and Veterans Affairs Location: CSMS, 835 Fifth Avenue, Coraopolis, Allegheny County, PA Duration: 1 October 97—30 September 2000 Contact: Emma Schroff, (717) 861-8518

PENNSYLVANIA BULLETIN, VOL. 27, NO. 18, MAY 3, 1997 STATE CONTRACTS INFORMATION 2229

Project No. 008 Provide emergency and routine repair work for plumbing system. The Project No. 016 Provide emergency and routine repair work for plumbing system. The contractor must respond to the call within four (4) hours of receiving a call either contractor must respond to the call within four (4) hours of receiving a call either directly or via a recording device. Replacement parts must be as originally installed or directly or via a recording device. Replacement parts must be as originally installed or of equal quality and function. The contractor must agree to redeem manufacturer’s of equal quality and function. The contractor must agree to redeem manufacturer’s warranty on parts where applicable, and further agree to guarantee workmanship and warranty on parts where applicable, and further agree to guarantee workmanship and replacement parts, provided by his firm for a 90 day period. Bid proposal forms used to replacement parts, provided by his firm for a 90 day period. Bid proposal forms used to submit bids are available from the State Armory Board. submit bids are available from the State Armory Board. Department: Military and Veterans Affairs Department: Military and Veterans Affairs Location: OMS No. 13, 835 Fifth Avenue, Coraopolis, Allegheny County, PA Location: OMS No. 17, P. O. Box 510, R. D. 1, Route 664, Lock Haven, Clinton Duration: 1 October 97—30 September 2000 County, PA Contact: Emma Schroff, (717) 861-8518 Duration: 1 October 97—30 September 2000 Contact: Emma Schroff, (717) 861-8518 Project No. 009 Provide emergency and routine repair work for plumbing system. The contractor must respond to the call within four (4) hours of receiving a call either Project No. 017 Provide emergency and routine repair work for plumbing system. The directly or via a recording device. Replacement parts must be as originally installed or contractor must respond to the call within four (4) hours of receiving a call either of equal quality and function. The contractor must agree to redeem manufacturer’s directly or via a recording device. Replacement parts must be as originally installed or warranty on parts where applicable, and further agree to guarantee workmanship and of equal quality and function. The contractor must agree to redeem manufacturer’s replacement parts, provided by his firm for a 90 day period. Bid proposal forms used to warranty on parts where applicable, and further agree to guarantee workmanship and submit bids are available from the State Armory Board. replacement parts, provided by his firm for a 90 day period. Bid proposal forms used to Department: Military and Veterans Affairs submit bids are available from the State Armory Board. Location: OMS No. 5, 350 East 6th Street, Erie, Erie County, PA Department: Military and Veterans Affairs Duration: 1 October 97—30 September 2000 Location: OMS No. 9, 820 Frank Avenue, New Castle, Lawrence County, PA Contact: Emma Schroff, (717) 861-8518 Duration: 1 October 97—30 September 2000 Contact: Emma Schroff, (717) 861-8518 Project No. 010 Provide emergency and routine repair work for plumbing system. The contractor must respond to the call within four (4) hours of receiving a call either Project No. 018 Provide emergency and routine repair work for plumbing system. The directly or via a recording device. Replacement parts must be as originally installed or contractor must respond to the call within four (4) hours of receiving a call either of equal quality and function. The contractor must agree to redeem manufacturer’s directly or via a recording device. Replacement parts must be as originally installed or warranty on parts where applicable, and further agree to guarantee workmanship and of equal quality and function. The contractor must agree to redeem manufacturer’s replacement parts, provided by his firm for a 90 day period. Bid proposal forms used to warranty on parts where applicable, and further agree to guarantee workmanship and submit bids are available from the State Armory Board. replacement parts, provided by his firm for a 90 day period. Bid proposal forms used to Department: Military and Veterans Affairs submit bids are available from the State Armory Board. Location: OMS No. 1, 14th and Calder Streets, Harrisburg, Dauphin County, Department: Military and Veterans Affairs PA Location: OMS No. 3, 1046 Belvoir Road, Norristown, Montgomery County, PA Duration: 1 October 97—30 September 2000 Duration: 1 October 97—30 September 2000 Contact: Emma Schroff, (717) 861-8518 Contact: Emma Schroff, (717) 861-8518

Project No. 011 Provide emergency and routine repair work for plumbing system. The Project No. 019 Provide emergency and routine repair work for plumbing system. The contractor must respond to the call within four (4) hours of receiving a call either contractor must respond to the call within four (4) hours of receiving a call either directly or via a recording device. Replacement parts must be as originally installed or directly or via a recording device. Replacement parts must be as originally installed or of equal quality and function. The contractor must agree to redeem manufacturer’s of equal quality and function. The contractor must agree to redeem manufacturer’s warranty on parts where applicable, and further agree to guarantee workmanship and warranty on parts where applicable, and further agree to guarantee workmanship and replacement parts, provided by his firm for a 90 day period. Bid proposal forms used to replacement parts, provided by his firm for a 90 day period. Bid proposal forms used to submit bids are available from the State Armory Board. submit bids are available from the State Armory Board. Department: Military and Veterans Affairs Department: Military and Veterans Affairs Location: OMS No. 21, 554 Airport Road, Johnstown, Cambria County, PA Location: OMS No. 10A, 5350 Ogontz Avenue, Philadelphia, Philadelphia Duration: 1 October 97—30 September 2000 County, PA Contact: Emma Schroff, (717) 861-8518 Duration: 1 October 97—30 September 2000 Contact: Emma Schroff, (717) 861-8518 Project No. 012 Provide emergency and routine repair work for plumbing system. The contractor must respond to the call within four (4) hours of receiving a call either Project No. 020 Provide emergency and routine repair work for plumbing system. The directly or via a recording device. Replacement parts must be as originally installed or contractor must respond to the call within four (4) hours of receiving a call either of equal quality and function. The contractor must agree to redeem manufacturer’s directly or via a recording device. Replacement parts must be as originally installed or warranty on parts where applicable, and further agree to guarantee workmanship and of equal quality and function. The contractor must agree to redeem manufacturer’s replacement parts, provided by his firm for a 90 day period. Bid proposal forms used to warranty on parts where applicable, and further agree to guarantee workmanship and submit bids are available from the State Armory Board. replacement parts, provided by his firm for a 90 day period. Bid proposal forms used to Department: Military and Veterans Affairs submit bids are available from the State Armory Board. Location: OMS No. 12, 565 Walters Avenue, Johnstown, Cambria County, PA Department: Military and Veterans Affairs Duration: 1 October 97—30 September 2000 Location: OMS No. 10, 2736 Southampton Road, Philadelphia, Philadelphia Contact: Emma Schroff, (717) 861-8518 County, PA Duration: 1 October 97—30 September 2000 Project No. 013 Provide emergency and routine repair work for plumbing system. The Contact: Emma Schroff, (717) 861-8580 contractor must respond to the call within four (4) hours of receiving a call either directly or via a recording device. Replacement parts must be as originally installed or Project No. 021 Provide emergency and routine repair work for plumbing system. The of equal quality and function. The contractor must agree to redeem manufacturer’s contractor must respond to the call within four (4) hours of receiving a call either warranty on parts where applicable, and further agree to guarantee workmanship and directly or via a recording device. Replacement parts must be as originally installed or replacement parts, provided by his firm for a 90 day period. Bid proposal forms used to of equal quality and function. The contractor must agree to redeem manufacturer’s submit bids are available from the State Armory Board. warranty on parts where applicable, and further agree to guarantee workmanship and Department: Military and Veterans Affairs replacement parts, provided by his firm for a 90 day period. Bid proposal forms used to Location: OMS No. 16, 599 Chesapeake Street, Lancaster, Lancaster County, submit bids are available from the State Armory Board. PA Department: Military and Veterans Affairs Duration: 1 October 97—30 September 2000 Location: TS, Building 56, Ft. Miffling, Philadelphia, Philadelphia County, PA Contact: Emma Schroff, (717) 861-8518 Duration: 1 October 97—30 September 2000 Contact: Emma Schroff, (717) 861-8518 Project No. 014 Provide emergency and routine repair work for plumbing system. The contractor must respond to the call within four (4) hours of receiving a call either Project No. 022 Provide emergency and routine repair work for plumbing system. The directly or via a recording device. Replacement parts must be as originally installed or contractor must respond to the call within four (4) hours of receiving a call either of equal quality and function. The contractor must agree to redeem manufacturer’s directly or via a recording device. Replacement parts must be as originally installed or warranty on parts where applicable, and further agree to guarantee workmanship and of equal quality and function. The contractor must agree to redeem manufacturer’s replacement parts, provided by his firm for a 90 day period. Bid proposal forms used to warranty on parts where applicable, and further agree to guarantee workmanship and submit bids are available from the State Armory Board. replacement parts, provided by his firm for a 90 day period. Bid proposal forms used to Department: Military and Veterans Affairs submit bids are available from the State Armory Board. Location: OMS No. 27A, 1000 Bridge Street, Lehighton, Carbon County, PA Department: Military and Veterans Affairs Duration: 1 October 97—30 September 2000 Location: OMS No. 14, Building 56, Ft. Mifflin, Philadelphia, Philadelphia Contact: Emma Schroff, (717) 861-8518 County, PA Duration: 1 October 97—30 September 2000 Project No. 015 Provide emergency and routine repair work for plumbing system. The Contact: Emma Schroff, (717) 861-8518 contractor must respond to the call within four (4) hours of receiving a call either directly or via a recording device. Replacement parts must be as originally installed or Project No. 023 Provide emergency and routine repair work for plumbing system. The of equal quality and function. The contractor must agree to redeem manufacturer’s contractor must respond to the call within four (4) hours of receiving a call either warranty on parts where applicable, and further agree to guarantee workmanship and directly or via a recording device. Replacement parts must be as originally installed or replacement parts, provided by his firm for a 90 day period. Bid proposal forms used to of equal quality and function. The contractor must agree to redeem manufacturer’s submit bids are available from the State Armory Board. warranty on parts where applicable, and further agree to guarantee workmanship and Department: Military and Veterans Affairs replacement parts, provided by his firm for a 90 day period. Bid proposal forms used to Location: OMS No. 29A, P. O. Box 589, 1101 Route 522 N, Lewistown, Mifflin submit bids are available from the State Armory Board. County, PA Department: Military and Veterans Affairs Duration: 1 October 97—30 September 2000 Location: AASF, P. O. Box 359, Philipsburg, Centre County, PA Contact: Emma Schroff, (717) 861-8518 Duration: 1 October 97—30 September 2000 Contact: Emma Schroff, (717) 861-8518

PENNSYLVANIA BULLETIN, VOL. 27, NO. 18, MAY 3, 1997 2230 STATE CONTRACTS INFORMATION

Project No. 024 Provide emergency and routine repair work for plumbing system. The Project No. 800 Provide emergency and routine repair work for electrical system. The contractor must respond to the call within four (4) hours of receiving a call either contractor must respond to the call within four (4) hours of receiving a call either directly or via a recording device. Replacement parts must be as originally installed or directly or via a recording device. Replacement parts must be as originally installed or of equal quality and function. The contractor must agree to redeem manufacturer’s of equal quality and function. The contractor must agree to redeem manufacturer’s warranty on parts where applicable, and further agree to guarantee workmanship and warranty on parts where applicable, and further agree to guarantee workmanship and replacement parts, provided by his firm for a 90 day period. Bid proposal forms used to replacement parts, provided by his firm for a 90 day period. Bid proposal forms used to submit bids are available from the State Armory Board. submit bids are available from the State Armory Board. Department: Military and Veterans Affairs Department: Military and Veterans Affairs Location: OMS, Rapps Dam Road, Phoenixville, Chester County, PA Location: OMS No. 27, 1501 Allen Street, Allentown, Lehigh County, PA Duration: 1 October 97—30 September 2000 Duration: 1 October 97—30 September 2000 Contact: Emma Schroff, (717) 861-8518 Contact: Emma Schroff, (717) 861-8518

Project No. 025 Provide emergency and routine repair work for plumbing system. The Project No. 801 Provide emergency and routine repair work for electrical system. The contractor must respond to the call within four (4) hours of receiving a call either contractor must respond to the call within four (4) hours of receiving a call either directly or via a recording device. Replacement parts must be as originally installed or directly or via a recording device. Replacement parts must be as originally installed or of equal quality and function. The contractor must agree to redeem manufacturer’s of equal quality and function. The contractor must agree to redeem manufacturer’s warranty on parts where applicable, and further agree to guarantee workmanship and warranty on parts where applicable, and further agree to guarantee workmanship and replacement parts, provided by his firm for a 90 day period. Bid proposal forms used to replacement parts, provided by his firm for a 90 day period. Bid proposal forms used to submit bids are available from the State Armory Board. submit bids are available from the State Armory Board. Department: Military and Veterans Affairs Department: Military and Veterans Affairs Location: OMS, 826 Crane Avenue, Pittsburgh, Allegheny County, PA Location: OMS No. 29, 327 Frankstown Rd., Altoona, Blair County, PA Duration: 1 October 97—30 September 2000 Duration: 1 October 97—30 September 2000 Contact: Emma Schroff, (717) 861-8518 Contact: Emma Schroff, (717) 861-8518

Project No. 026 Provide emergency and routine repair work for plumbing system. The Project No. 802 Provide emergency and routine repair work for electrical system. The contractor must respond to the call within four (4) hours of receiving a call either contractor must respond to the call within four (4) hours of receiving a call either directly or via a recording device. Replacement parts must be as originally installed or directly or via a recording device. Replacement parts must be as originally installed or of equal quality and function. The contractor must agree to redeem manufacturer’s of equal quality and function. The contractor must agree to redeem manufacturer’s warranty on parts where applicable, and further agree to guarantee workmanship and warranty on parts where applicable, and further agree to guarantee workmanship and replacement parts, provided by his firm for a 90 day period. Bid proposal forms used to replacement parts, provided by his firm for a 90 day period. Bid proposal forms used to submit bids are available from the State Armory Board. submit bids are available from the State Armory Board. Department: Military and Veterans Affairs Department: Military and Veterans Affairs Location: OMS, 324 Emerson Street, Pittsburgh, Allegheny County, PA Location: OMS No. 9A, 250 Kriess Road, Butler, Butler County, PA Duration: 1 October 97—30 September 2000 Duration: 1 October 97—30 September 2000 Contact: Emma Schroff, (717) 861-8518 Contact: Emma Schroff, (717) 861-8518

Project No. 027 Provide emergency and routine repair work for plumbing system. The Project No. 803 Provide emergency and routine repair work for electrical system. The contractor must respond to the call within four (4) hours of receiving a call either contractor must respond to the call within four (4) hours of receiving a call either directly or via a recording device. Replacement parts must be as originally installed or directly or via a recording device. Replacement parts must be as originally installed or of equal quality and function. The contractor must agree to redeem manufacturer’s of equal quality and function. The contractor must agree to redeem manufacturer’s warranty on parts where applicable, and further agree to guarantee workmanship and warranty on parts where applicable, and further agree to guarantee workmanship and replacement parts, provided by his firm for a 90 day period. Bid proposal forms used to replacement parts, provided by his firm for a 90 day period. Bid proposal forms used to submit bids are available from the State Armory Board. submit bids are available from the State Armory Board. Department: Military and Veterans Affairs Department: Military and Veterans Affairs Location: OMS, 2601 River Road, Reading, Berks County, PA Location: OMS No. 25, 7th Avenue, Carbondale, Lackawanna County, PA Duration: 1 October 97—30 September 2000 Duration: 1 October 97—30 September 2000 Contact: Emma Schroff, (717) 861-8518 Contact: Emma Schroff, (717) 861-8518

Project No. 028 Provide emergency and routine repair work for plumbing system. The Project No. 804 Provide emergency and routine repair work for electrical system. The contractor must respond to the call within four (4) hours of receiving a call either contractor must respond to the call within four (4) hours of receiving a call either directly or via a recording device. Replacement parts must be as originally installed or directly or via a recording device. Replacement parts must be as originally installed or of equal quality and function. The contractor must agree to redeem manufacturer’s of equal quality and function. The contractor must agree to redeem manufacturer’s warranty on parts where applicable, and further agree to guarantee workmanship and warranty on parts where applicable, and further agree to guarantee workmanship and replacement parts, provided by his firm for a 90 day period. Bid proposal forms used to replacement parts, provided by his firm for a 90 day period. Bid proposal forms used to submit bids are available from the State Armory Board. submit bids are available from the State Armory Board. Department: Military and Veterans Affairs Department: Military and Veterans Affairs Location: OMS, 1800 Gibson Street, Scranton, Lackawanna County, PA Location: OMS No. 24, 504 Cavalry Road, Carlisle, Cumberland County, PA Duration: 1 October 97—30 September 2000 Duration: 1 October 97—30 September 2000 Contact: Emma Schroff, (717) 861-8518 Contact: Emma Schroff, (717) 861-8518

Project No. 029 Provide emergency and routine repair work for plumbing system. The Project No. 805 Provide emergency and routine repair work for electrical system. The contractor must respond to the call within four (4) hours of receiving a call either contractor must respond to the call within four (4) hours of receiving a call either directly or via a recording device. Replacement parts must be as originally installed or directly or via a recording device. Replacement parts must be as originally installed or of equal quality and function. The contractor must agree to redeem manufacturer’s of equal quality and function. The contractor must agree to redeem manufacturer’s warranty on parts where applicable, and further agree to guarantee workmanship and warranty on parts where applicable, and further agree to guarantee workmanship and replacement parts, provided by his firm for a 90 day period. Bid proposal forms used to replacement parts, provided by his firm for a 90 day period. Bid proposal forms used to submit bids are available from the State Armory Board. submit bids are available from the State Armory Board. Department: Military and Veterans Affairs Department: Military and Veterans Affairs Location: AASF, 125 Goodridge Lane, Washington, Washington County, PA Location: OMS No. 11, R. D. 1, Box 541B, Connellsville, Fayette County, PA Duration: 1 October 97—30 September 2000 Duration: 1 October 97—30 September 2000 Contact: Emma Schroff, (717) 861-8518 Contact: Emma Schroff, (717) 861-8518

Project No. 030 Provide emergency and routine repair work for plumbing system. The Project No. 806 Provide emergency and routine repair work for electrical system. The contractor must respond to the call within four (4) hours of receiving a call either contractor must respond to the call within four (4) hours of receiving a call either directly or via a recording device. Replacement parts must be as originally installed or directly or via a recording device. Replacement parts must be as originally installed or of equal quality and function. The contractor must agree to redeem manufacturer’s of equal quality and function. The contractor must agree to redeem manufacturer’s warranty on parts where applicable, and further agree to guarantee workmanship and warranty on parts where applicable, and further agree to guarantee workmanship and replacement parts, provided by his firm for a 90 day period. Bid proposal forms used to replacement parts, provided by his firm for a 90 day period. Bid proposal forms used to submit bids are available from the State Armory Board. submit bids are available from the State Armory Board. Department: Military and Veterans Affairs Department: Military and Veterans Affairs Location: OMS, 280 Market Street, Wilkes-Barre, Luzerne County, PA Location: CSMS, 835 Fifth Avenue, Coraopolis, Allegheny County, PA Duration: 1 October 97—30 September 2000 Duration: 1 October 97—30 September 2000 Contact: Emma Schroff, (717) 861-8518 Contact: Emma Schroff, (717) 861-8518

Project No. 031 Provide emergency and routine repair work for plumbing system. The Project No. 807 Provide emergency and routine repair work for electrical system. The contractor must respond to the call within four (4) hours of receiving a call either contractor must respond to the call within four (4) hours of receiving a call either directly or via a recording device. Replacement parts must be as originally installed or directly or via a recording device. Replacement parts must be as originally installed or of equal quality and function. The contractor must agree to redeem manufacturer’s of equal quality and function. The contractor must agree to redeem manufacturer’s warranty on parts where applicable, and further agree to guarantee workmanship and warranty on parts where applicable, and further agree to guarantee workmanship and replacement parts, provided by his firm for a 90 day period. Bid proposal forms used to replacement parts, provided by his firm for a 90 day period. Bid proposal forms used to submit bids are available from the State Armory Board. submit bids are available from the State Armory Board. Department: Military and Veterans Affairs Department: Military and Veterans Affairs Location: OMS, 1300 Penn Street, Williamsport, Lycoming County, PA Location: OMS No. 13, 835 Fifth Avenue, Coraopolis, Allegheny County, PA Duration: 1 October 97—30 September 2000 Duration: 1 October 97—30 September 2000 Contact: Emma Schroff, (717) 861-8518 Contact: Emma Schroff, (717) 861-8518

PENNSYLVANIA BULLETIN, VOL. 27, NO. 18, MAY 3, 1997 STATE CONTRACTS INFORMATION 2231

Project No. 808 Provide emergency and routine repair work for electrical system. The Project No. 816 Provide emergency and routine repair work for electrical system. The contractor must respond to the call within four (4) hours of receiving a call either contractor must respond to the call within four (4) hours of receiving a call either directly or via a recording device. Replacement parts must be as originally installed or directly or via a recording device. Replacement parts must be as originally installed or of equal quality and function. The contractor must agree to redeem manufacturer’s of equal quality and function. The contractor must agree to redeem manufacturer’s warranty on parts where applicable, and further agree to guarantee workmanship and warranty on parts where applicable, and further agree to guarantee workmanship and replacement parts, provided by his firm for a 90 day period. Bid proposal forms used to replacement parts, provided by his firm for a 90 day period. Bid proposal forms used to submit bids are available from the State Armory Board. submit bids are available from the State Armory Board. Department: Military and Veterans Affairs Department: Military and Veterans Affairs Location: OMS No. 5, 350 East 6th Street, Erie, Erie County, PA Location: OMS No. 9, 820 Frank Avenue, New Castle, Lawrence County, PA Duration: 1 October 97—30 September 2000 Duration: 1 October 97—30 September 2000 Contact: Emma Schroff, (717) 861-8518 Contact: Emma Schroff, (717) 861-8518

Project No. 809 Provide emergency and routine repair work for electrical system. The Project No. 817 Provide emergency and routine repair work for electrical system. The contractor must respond to the call within four (4) hours of receiving a call either contractor must respond to the call within four (4) hours of receiving a call either directly or via a recording device. Replacement parts must be as originally installed or directly or via a recording device. Replacement parts must be as originally installed or of equal quality and function. The contractor must agree to redeem manufacturer’s of equal quality and function. The contractor must agree to redeem manufacturer’s warranty on parts where applicable, and further agree to guarantee workmanship and warranty on parts where applicable, and further agree to guarantee workmanship and replacement parts, provided by his firm for a 90 day period. Bid proposal forms used to replacement parts, provided by his firm for a 90 day period. Bid proposal forms used to submit bids are available from the State Armory Board. submit bids are available from the State Armory Board. Department: Military and Veterans Affairs Department: Military and Veterans Affairs Location: OMS No. 1, 14th and Calder Streets, Harrisburg, Dauphin County, Location: OMS No. 3, 1046 Belvoir Road, Norristown, Montgomery County, PA PA Duration: 1 October 97—30 September 2000 Duration: 1 October 97—30 September 2000 Contact: Emma Schroff, (717) 861-8518 Contact: Emma Schroff, (717) 861-8518 Project No. 818 Provide emergency and routine repair work for electrical system. The Project No. 810 Provide emergency and routine repair work for electrical system. The contractor must respond to the call within four (4) hours of receiving a call either contractor must respond to the call within four (4) hours of receiving a call either directly or via a recording device. Replacement parts must be as originally installed or directly or via a recording device. Replacement parts must be as originally installed or of equal quality and function. The contractor must agree to redeem manufacturer’s of equal quality and function. The contractor must agree to redeem manufacturer’s warranty on parts where applicable, and further agree to guarantee workmanship and warranty on parts where applicable, and further agree to guarantee workmanship and replacement parts, provided by his firm for a 90 day period. Bid proposal forms used to replacement parts, provided by his firm for a 90 day period. Bid proposal forms used to submit bids are available from the State Armory Board. submit bids are available from the State Armory Board. Department: Military and Veterans Affairs Department: Military and Veterans Affairs Location: OMS No. 10A, 5350 Ogontz Avenue, Philadelphia, Philadelphia Location: OMS No. 21, 554 Airport Road, Johnstown, Cambria County, PA County, PA Duration: 1 October 97—30 September 2000 Duration: 1 October 97—30 September 2000 Contact: Emma Schroff, (717) 861-8518 Contact: Emma Schroff, (717) 861-8518

Project No. 811 Provide emergency and routine repair work for electrical system. The Project No. 819 Provide emergency and routine repair work for electrical system. The contractor must respond to the call within four (4) hours of receiving a call either contractor must respond to the call within four (4) hours of receiving a call either directly or via a recording device. Replacement parts must be as originally installed or directly or via a recording device. Replacement parts must be as originally installed or of equal quality and function. The contractor must agree to redeem manufacturer’s of equal quality and function. The contractor must agree to redeem manufacturer’s warranty on parts where applicable, and further agree to guarantee workmanship and warranty on parts where applicable, and further agree to guarantee workmanship and replacement parts, provided by his firm for a 90 day period. Bid proposal forms used to replacement parts, provided by his firm for a 90 day period. Bid proposal forms used to submit bids are available from the State Armory Board. submit bids are available from the State Armory Board. Department: Military and Veterans Affairs Department: Military and Veterans Affairs Location: OMS No. 12, 565 Walters Avenue, Johnstown, Cambria County, PA Location: OMS No. 10, 2736 Southampton Road, Philadelphia, Philadelphia Duration: 1 October 97—30 September 2000 County, PA Contact: Emma Schroff, (717) 861-8518 Duration: 1 October 97—30 September 2000 Contact: Emma Schroff, (717) 861-8518 Project No. 812 Provide emergency and routine repair work for electrical system. The contractor must respond to the call within four (4) hours of receiving a call either Project No. 820 Provide emergency and routine repair work for electrical system. The directly or via a recording device. Replacement parts must be as originally installed or contractor must respond to the call within four (4) hours of receiving a call either of equal quality and function. The contractor must agree to redeem manufacturer’s directly or via a recording device. Replacement parts must be as originally installed or warranty on parts where applicable, and further agree to guarantee workmanship and of equal quality and function. The contractor must agree to redeem manufacturer’s replacement parts, provided by his firm for a 90 day period. Bid proposal forms used to warranty on parts where applicable, and further agree to guarantee workmanship and submit bids are available from the State Armory Board. replacement parts, provided by his firm for a 90 day period. Bid proposal forms used to Department: Military and Veterans Affairs submit bids are available from the State Armory Board. Location: OMS No. 16, 599 Chesapeake Street, Lancaster, Lancaster County, Department: Military and Veterans Affairs PA Location: TS, Building 56, Ft. Mifflin, Philadelphia, Philadelphia County, PA Duration: 1 October 97—30 September 2000 Duration: 1 October 97—30 September 2000 Contact: Emma Schroff, (717) 861-8518 Contact: Emma Schroff, (717) 861-8518

Project No. 813 Provide emergency and routine repair work for electrical system. The Project No. 821 Provide emergency and routine repair work for electrical system. The contractor must respond to the call within four (4) hours of receiving a call either contractor must respond to the call within four (4) hours of receiving a call either directly or via a recording device. Replacement parts must be as originally installed or directly or via a recording device. Replacement parts must be as originally installed or of equal quality and function. The contractor must agree to redeem manufacturer’s of equal quality and function. The contractor must agree to redeem manufacturer’s warranty on parts where applicable, and further agree to guarantee workmanship and warranty on parts where applicable, and further agree to guarantee workmanship and replacement parts, provided by his firm for a 90 day period. Bid proposal forms used to replacement parts, provided by his firm for a 90 day period. Bid proposal forms used to submit bids are available from the State Armory Board. submit bids are available from the State Armory Board. Department: Military and Veterans Affairs Department: Military and Veterans Affairs Location: OMS No. 27A, 1000 Bridge Street, Lehighton, Carbon County, PA Location: OMS No. 14, Building 56, Ft. Mifflin, Philadelphia, Philadelphia Duration: 1 October 97—30 September 2000 County, PA Contact: Emma Schroff, (717) 861-8518 Duration: 1 October 97—30 September 2000 Contact: Emma Schroff, (717) 861-8518 Project No. 814 Provide emergency and routine repair work for electrical system. The contractor must respond to the call within four (4) hours of receiving a call either Project No. 822 Provide emergency and routine repair work for electrical system. The directly or via a recording device. Replacement parts must be as originally installed or contractor must respond to the call within four (4) hours of receiving a call either of equal quality and function. The contractor must agree to redeem manufacturer’s directly or via a recording device. Replacement parts must be as originally installed or warranty on parts where applicable, and further agree to guarantee workmanship and of equal quality and function. The contractor must agree to redeem manufacturer’s replacement parts, provided by his firm for a 90 day period. Bid proposal forms used to warranty on parts where applicable, and further agree to guarantee workmanship and submit bids are available from the State Armory Board. replacement parts, provided by his firm for a 90 day period. Bid proposal forms used to Department: Military and Veterans Affairs submit bids are available from the State Armory Board. Location: OMS No. 29A, P. O. Box 589, 1101 Route 522 N, Lewistown, Mifflin Department: Military and Veterans Affairs County, PA Location: AASF, P. O. Box 359, Philipsburg, Centre County, PA Duration: 1 October 97—30 September 2000 Duration: 1 October 97—30 September 2000 Contact: Emma Schroff, (717) 861-8518 Contact: Emma Schroff, (717) 861-8518

Project No. 815 Provide emergency and routine repair work for electrical system. The Project No. 823 Provide emergency and routine repair work for electrical system. The contractor must respond to the call within four (4) hours of receiving a call either contractor must respond to the call within four (4) hours of receiving a call either directly or via a recording device. Replacement parts must be as originally installed or directly or via a recording device. Replacement parts must be as originally installed or of equal quality and function. The contractor must agree to redeem manufacturer’s of equal quality and function. The contractor must agree to redeem manufacturer’s warranty on parts where applicable, and further agree to guarantee workmanship and warranty on parts where applicable, and further agree to guarantee workmanship and replacement parts, provided by his firm for a 90 day period. Bid proposal forms used to replacement parts, provided by his firm for a 90 day period. Bid proposal forms used to submit bids are available from the State Armory Board. submit bids are available from the State Armory Board. Department: Military and Veterans Affairs Department: Military and Veterans Affairs Location: OMS No. 17, P. O. Box 510, R. D. 1, Route 664, Lock Haven, Clinton Location: OMS No. 4, Rapps Dam Road, Phoenixville, Chester County, PA County, PA Duration: 1 October 97—30 September 2000 Duration: 1 October 97—30 September 2000 Contact: Emma Schroff, (717) 861-8518 Contact: Emma Schroff, (717) 861-8518

PENNSYLVANIA BULLETIN, VOL. 27, NO. 18, MAY 3, 1997 2232 STATE CONTRACTS INFORMATION

Project No. 824 Provide emergency and routine repair work for electrical system. The 0290 97002 This contract will be prepared on a service purchase contract for contractor must respond to the call within four (4) hours of receiving a call either maintenance of a gas fired heating system at the Mifflin County Maintenance Building directly or via a recording device. Replacement parts must be as originally installed or in Lewistown, PA and for an oil fired heating system at the Juniata County of equal quality and function. The contractor must agree to redeem manufacturer’s Maintenance Building, 1 mile east of Mifflintown, PA. warranty on parts where applicable, and further agree to guarantee workmanship and Department: Transportation replacement parts, provided by his firm for a 90 day period. Bid proposal forms used to Location: S. R. 0022, 1200 West 4th Street, Lewistown, PA; S. R. 3002, 1 mile submit bids are available from the State Armory Board. east of Mifflintown, PA Department: Military and Veterans Affairs Duration: August 01, 1997 through July 31, 1999 Location: OMS No. 22, 826 Crane Avenue, Pittsburgh, Allegheny County, PA Contact: Don Woodward, (717) 436-2187 Duration: 1 October 97—30 September 2000 Contact: Emma Schroff, (717) 861-8518 107085 Provide regular routine and emergency service for the heating and cooling system of the Mobile Analytical Units. Project No. 825 Provide emergency and routine repair work for electrical system. The Department: Environmental Protection contractor must respond to the call within four (4) hours of receiving a call either Location: Harrisburg, PA directly or via a recording device. Replacement parts must be as originally installed or Duration: 7/1/97—6/30/00 of equal quality and function. The contractor must agree to redeem manufacturer’s Contact: Ally Castaneira, (717) 787-2471 warranty on parts where applicable, and further agree to guarantee workmanship and replacement parts, provided by his firm for a 90 day period. Bid proposal forms used to MI-599 Project title: Pucillo Sports Field Lighting. Scope of work: provide and install submit bids are available from the State Armory Board. an athletic field lighting system, i.e., supplying and installing light fixtures, poles, Department: Military and Veterans Affairs wiring conduit, contactors, transformers, etc. required for a complete lighting system; Location: OMS No. 13A, 324 Emerson Street, Pittsburgh, Allegheny County, excavate to install poles and the proper design of the pole foundation. Plans cost: PA $75.00. Duration: 1 October 97—30 September 2000 Department: State System of Higher Education Contact: Emma Schroff, (717) 861-8518 Location: Millersville University, Pucillo Sports Field, Millersville, Lancaster County, PA 17551-0302 Project No. 826 Provide emergency and routine repair work for electrical system. The Duration: July 24—September 11, 1997 contractor must respond to the call within four (4) hours of receiving a call either Contact: Bernadette J. Wendler, Dilworth Building, (717) 872-3829 directly or via a recording device. Replacement parts must be as originally installed or of equal quality and function. The contractor must agree to redeem manufacturer’s SU-521 Project title: Natural Gas Line Replacements. Brief description: work shall be warranty on parts where applicable, and further agree to guarantee workmanship and completed at Shippensburg University, Shippensburg Township, Cumberland County, replacement parts, provided by his firm for a 90 day period. Bid proposal forms used to Pennsylvania. The project shall include the furnishing of all labor, superintendence, submit bids are available from the State Armory Board. material, tools, equipment, and performing all work necessary to complete all Department: Military and Veterans Affairs construction for the replacement of natural gas piping. The plumbing contractor shall Location: OMS, 2601 River Road, Reading, Berks County, PA be the lead and only contractor and shall perform all general construction and Duration: 1 October 97—30 September 2000 incidental work as required. A pre-bid meeting has been scheduled for May 15, 1997, Contact: Emma Schroff, (717) 861-8518 at 2:00 p.m. in Old Main Room 203A. Bids due on June 2, 1997, 4:30 p.m. and will be opened on June 3, 1997, at 2:00 p.m. in Old Main Room 203A. Plans are available for a Project No. 827 Provide emergency and routine repair work for electrical system. The non-refundable fee of $20.00 from Noelker & Hull Associates, Inc., 438 Lincoln Way contractor must respond to the call within four (4) hours of receiving a call either East, Chambersburg, Pennsylvania 17201-2301, telephone (717) 263-8464, FAX (717) directly or via a recording device. Replacement parts must be as originally installed or 263-6031; any special handling fees will be borne by requester. of equal quality and function. The contractor must agree to redeem manufacturer’s Department: State System of Higher Education warranty on parts where applicable, and further agree to guarantee workmanship and Location: Shippensburg University, Shippensburg Township, Shippensburg, replacement parts, provided by his firm for a 90 day period. Bid proposal forms used to Cumberland County, PA submit bids are available from the State Armory Board. Duration: 150 days Department: Military and Veterans Affairs Contact: Edna Fenton, Contract Administrator, (717) 532-1121 Location: OMS No. 2, 1800 Gibson Street, Scranton, Lackawanna County, PA Duration: 1 October 97—30 September 2000 Contact: Emma Schroff, (717) 861-8518

Project No. 828 Provide emergency and routine repair work for electrical system. The contractor must respond to the call within four (4) hours of receiving a call either directly or via a recording device. Replacement parts must be as originally installed or of equal quality and function. The contractor must agree to redeem manufacturer’s warranty on parts where applicable, and further agree to guarantee workmanship and replacement parts, provided by his firm for a 90 day period. Bid proposal forms used to Janitorial Services—23 submit bids are available from the State Armory Board. Department: Military and Veterans Affairs Location: AASF, 125 Goodridge Lane, Washington, Washington County, PA Duration: 1 October 97—30 September 2000 Contact: Emma Schroff, (717) 861-8518

Project No. 829 Provide emergency and routine repair work for electrical system. The contractor must respond to the call within four (4) hours of receiving a call either directly or via a recording device. Replacement parts must be as originally installed or of equal quality and function. The contractor must agree to redeem manufacturer’s SP-336854 Perform janitorial services of modern cabins located in Hills Creek State warranty on parts where applicable, and further agree to guarantee workmanship and Park, Wellsboro, Pennsylvania. Sealed bids will be received at Hills Creek State Office, replacement parts, provided by his firm for a 90 day period. Bid proposal forms used to R. R. 2, Box 328, Wellsboro, Pennsylvania 16901-9676, until 2:00 p.m. May 19, 1997 submit bids are available from the State Armory Board. and then be publicly opened and read. Bid documents may be obtained from Hills Department: Military and Veterans Affairs Creek State Park. Location: OMS No. 8, 280 Market Street, Wilkes-Barre, Luzerne County, PA Department: Conservation and Natural Resources Duration: 1 October 97—30 September 2000 Location: Hills Creek State Park, R. R. 2, Box 328, Wellsboro, Tioga County, Contact: Emma Schroff, (717) 861-8518 PA 16901-9676 Duration: 07/01/97 to 06/30/99 Project No. 830 Provide emergency and routine repair work for electrical system. The Contact: Thomas McGuinn, Park Manager, (717) 724-4246 contractor must respond to the call within four (4) hours of receiving a call either directly or via a recording device. Replacement parts must be as originally installed or of equal quality and function. The contractor must agree to redeem manufacturer’s warranty on parts where applicable, and further agree to guarantee workmanship and replacement parts, provided by his firm for a 90 day period. Bid proposal forms used to submit bids are available from the State Armory Board. Department: Military and Veterans Affairs Location: OMS No. 28, 1300 Penn Street, Williamsport, Lycoming County, PA Duration: 1 October 97—30 September 2000 Contact: Emma Schroff, (717) 861-8518 Laboratory Services—24 0118 Projects consist of replacing existing lamps, light standards and bases on combined tennis, basketball and tennis courts; installation of a new 75 KVA transformer in Hill Library; and PECO lighting conversion. Proposals can be obtained by contacting Ms. Antonia Williams, Contract Administrator/Compliance Officer. Department: State System of Higher Education Location: Cheyney University, Cheyney and Creek Roads, Cheyney, PA 19419 Duration: 120 days Contact: Antonia Williams, (610) 399-2360 0882-125 Lab Services: Contractor shall provide weekly laboratory analysis of our 0120 To provide labor, equipment and materials necessary for one factory built, waste system, and laboratory analysis of the Center’s potable water supply. Samples automatic pumping Wet Well mount pump station with duplex non-clog pumps. Station will be drawn by authorized personnel of the Center on all tests required. For the shall be complete with all needed equipment, factory-installed on a welded steel base Center’s potable water supply, contractor’s bid prices to include proper containers and with fiberglass cover. all necessary items to collect samples, pick-up of the water containers, and a written Department: State System of Higher Education laboratory report on these tests. The written report shall be submitted to the Center Location: Cheyney University, Cheyney and Creek Roads, Cheyney, PA 19419 bi-weekly on the biological test, and as indicated in the bid proposal on all other tests. Duration: 45 days For laboratory analysis of our waste system, containers must be picked up weekly by Contact: Antonia Williams, (610) 399-2360 the contractor. Bid prices shall include sample containers, labels, and a written laboratory report provided to the Center weekly. Types and quantities of tests required for the potable water supply and analysis of the waste system and additional

PENNSYLVANIA BULLETIN, VOL. 27, NO. 18, MAY 3, 1997 STATE CONTRACTS INFORMATION 2233 specifications available upon request by contacting the Center. Award to be made on 260206 Microscope maintenance: service is to include all labor, materials and supplies the basis of the lowest aggregate bid. required to provide microscope maintenance service, including inspection every 6 Department: Public Welfare months. Microscope is in Mayview State Hospital’s Clinical Lab. Location: South Mountain Restoration Center, 10058 South Mountain Road, Department: Public Welfare South Mountain, PA 17261 Location: Mayview State Hospital, 1601 Mayview Road, Bridgeville, PA 15017- Duration: July 1, 1997—June 30, 2000 1599 Contact: Cathy J. Tarquino, Purchasing Agent, (717) 749-4030 Duration: 1/1/98—12/31/02 Contact: F. Molisee, Purchasing Agent, (412) 257-6215 260208 Dental lab service—contractor is to provide all labor, material and supplies required for dental laboratory services for Mayview State Hospital clients. Successful 260207 Radiation physicist services: accredited radiating physicist to calibrate, check contractor to pickup and deliver all dental to Mayview State Hospital. and measure diagnostic radiographic and fluoroscopic units, check diagnostic lead Department: Public Welfare aprons, gloves and film badge reports at Mayview State Hospital’s Radiology Depart- Location: Mayview State Hospital, 1601 Mayview Road, Bridgeville, PA 15017- ment. 1599 Department: Public Welfare Duration: 1/1/98—12/31/02 Location: Mayview State Hospital, 1601 Mayview Road, Bridgeville, PA 15017- Contact: F. Molisee, Purchasing Agent, (412) 257-6215 1599 Duration: 1/1/98—12/31/02 Contact: F. Molisee, Purchasing Agent, (412) 257-6215

SPC No. 317820 A medical doctor is necessary to review approximately 4,000 claims for the Property Tax/Rent Rebate Program. Doctor must review medical records submitted with claim forms to determine if claimant is entitled to a rebate. Doctor is expected to review claim forms at two week intervals on the premises of Department of Revenue, 4th Floor, Strawberry Square, Harrisburg, PA. Department: Revenue Lodging/Meeting Facilities—27 Location: Examination Division, Bureau of Individual Taxes, 4th Floor, Straw- berry Square, Harrisburg, PA Duration: 7-1-97 to 6-30-98 Contact: Michael E. Miller, (717) 782-8415

081-3032 The Bureau of Personnel, Division of Training and Development, seeks a facility within a 25 mile radius of Harrisburg to host a Manager Instructor Training Conference. Facility must be able to provide lodging, meals, meeting rooms and audio visual requirements. Property Maintenance—33 Department: Office of Administration Location: Harrisburg, PA area Duration: 5 days—June 16 through 20, 1997 Contact: Angela M. Corish, (717) 787-8767

97-07 The State Correctional Institution at Waymart is seeking bids for the hydro testing, pressure checks and flow testing of its standpipe system. The contractor will furnish qualified authorized personnel and certified testing equipment when providing this service. All testing procedures will conform to established standards set by the Medical Services—29 American Water Works Association. Department: Corrections Location: State Correctional Institution Waymart, P. O. Box 256, Waymart, Canaan Township, Wayne County, PA 18472-0256 Duration: July 1, 1997 to June 30, 2000 Contact: Jerome M. Lewis, Business Manager, (717) 488-2504

Inquiry No. 8930 Repair roof; approximately 12,375 square feet, rubberized flat roof. Department: Public Welfare Location: Selinsgrove Center, Selinsgrove, Snyder County, PA 17870 97-08 The State Correctional Institution at Waymart is seeking bids for surgical Duration: July 1, 1997 to September 30, 1997 services in its Forensic Treatment Center (FTC). The institution estimates an average Contact: Arletta K. Ney, Purchasing Agent, (717) 372-5070 male inmate population of 120 over the contract period in the FTC. Department: Corrections CH-266 The contractor shall provide materials and labor to install only 80 windows in Location: State Correctional Institution Waymart, P. O. Box 256, Waymart, the Administration Building at the State Correctional Institution at Camp Hill. Canaan Township, Wayne County, PA 18472-0256 Department: Corrections Duration: July 1, 1997 to December 31, 1997 Location: State Correctional Institution at Camp Hill, P. O. Box 8837, 2500 Contact: Jerome M. Lewis, Business Manager, (717) 488-2504 Lisburn Road, Camp Hill, PA 17001-8837 Duration: June 2, 1997 to November 1, 1997 260202 Psychiatry services for one (1) Clinical Director of Psychiatry and four (4) Contact: Delores Stephens, (717) 975-5200 Board Certified/Board Eligible Psychiatrists at Mayview State Hospital. (For more information and bid specifications, please call Purchasing at (412) 257-6215.) EHB004 Construct and install church pews in the Environmental Hearing Board, Department: Public Welfare Hearing Room, 1507 Pittsburgh State Office Building, 300 Liberty Avenue, Pittsburgh, Location: Mayview State Hospital, 1601 Mayview Road, Bridgeville, PA 15017- PA 15222. To be constructed of solid white oak (clear finish) with an upholstered seat. 1599 Approximately 8 pews are needed. Further specifications will be made available upon Duration: 1/1/98—12/31/02 request. Contact: F. Molisee, Purchasing Agent, (412) 257-6215 Department: Environmental Hearing Board Location: 1507 Pittsburgh State Office Building, 300 Liberty Avenue, Pitts- 260203 To provide for duly authorized autopsies, including the head of patients who burgh, PA 15222 expire at Mayview State Hospital. To be a pathologist certified by the American Board Duration: Project to begin approximately July 1, 1997 and be completed by of Pathology. Minimum certification is to be anatomical. approximately September 1, 1997 Department: Public Welfare Contact: Kathi Graeff, (717) 783-4741 Location: Mayview State Hospital, 1601 Mayview Road, Bridgeville, PA 15017- 1599 JC-14-97 Snow Removal Services: provide snow removal as needed upon 2Љ or more Duration: 1/1/98—12/31/02 accumulation of snow. To be removed in accordance with the City of Allentown snow Contact: F. Molisee, Purchasing Agent, (412) 257-6215 removal ordinances. To be performed prior to 7:30 a.m. or after 5:15 p.m. Snow removal areas include: 1 lot, approximately 34,344 square feet next to building; 1 lot, 260205 Neurological services: contractor to provide service of a board certified or board approximately 24,822 square feet cati-corner to the building at Second and Hamilton. eligible neurologist for patients at Mayview State Hospital. Services to include One sidewalk around building and adjoining sidewalks measuring approximately 1,012 neurological consultations and treatment planning, providing typed reports of findings feet and one sidewalk around the parking lot at Second and Hamilton Streets after each exam. Each session will be four (4) hours long. measuring approximately 517 feet. Price to include application of salt. Department: Public Welfare Department: Labor and Industry Location: Mayview State Hospital, 1601 Mayview Road, Bridgeville, PA 15017- Location: Allentown Job Center, 160 Hamilton Street, Allentown, Lehigh 1599 County, PA 18101 Duration: 1/1/98—12/31/02 Duration: October 1, 1997 through April 30, 1998 Contact: F. Molisee, Purchasing Agent, (412) 257-6215 Contact: Michael Dorosh, Manager, (610) 821-6775

PENNSYLVANIA BULLETIN, VOL. 27, NO. 18, MAY 3, 1997 2234 STATE CONTRACTS INFORMATION

SP344754 Provide security guard services at the various Allegheny County Assistance Offices. This service is needed for five (5) days per week, ten (10) hours per day, except Southern District which requires five (5) days per week, nine (9) hours per day. Complete details and specifications may be obtained by contacting the Procurement Office. Department: Public Welfare Location: 4600 Clairton Boulevard, Pittsburgh, PA 15236 Duration: 07-01-97—06-30-00 with two additional one year periods Real Estate Services—35 Contact: Lori Vessella, (717) 783-9281 SP-344759 Provide monitoring and/or maintenance of security alarm systems for various Philadelphia County Assistance District Offices. Complete details and specifications may be obtained by contacting the Procurement Office. Department: Public Welfare Location: Various District Offices of Philadelphia CAO, Philadelphia, PA Duration: 07/01/97 to 06/30/00 with two additional one year renewals Contact: Linda Reynolds, (717) 783-9699

962A Sale of State Owned Property Commonwealth of Pennsylvania. The Department of General Services will accept proposals from developers for the purchase and redevelopment of the former Philadelphia (Byberry) State Hospital, located at Roosevelt Boulevard and Southampton Road, Philadelphia, PA. Persons wishing to receive a request for proposal should contact the Department prior to 3:00 p.m., June 13, 1997. Solicitation No.: 962. Department: General Services Location: Real Estate, 505 North Office Building, Harrisburg, PA 17125 Duration: Indeterminate 1996-97 Vehicle, Heavy Equipment—38 Contact: Michael E. Adams, (717) 772-0274

981A Lease Office Space to the Commonwealth of Pennsylvania. Proposals are invited to provide the Board of Probation and Parole with 5,000 useable square feet of new or existing warehouse space, parking for zero vehicles, in Harrisburg, Dauphin County, PA, within a ten mile radius of the State Capitol. Proposals due: July 21, 1997. Solicitation No.: 92469. Department: General Services Location: Real Estate, 505 North Office Building, Harrisburg, PA 17125 Duration: Indeterminate 1996-97 5-037 Portable traffic signals pedestal mounted. Bid items rates will be for daily basis. Contact: Doris Deckman or Edward P. Meyer, (717) 787-4394 Portable traffic signals pedestal mounted. Bid item rates will be for weekly basis. Portable traffic signals trailer mounted. Bid item rates will be for daily basis. Portable AFA-97-1 Real Estate Auctioneering Services. traffic signals trailer mounted. Bid item rates will be for weekly basis. Bid opening will Department: Office of Attorney General be Monday, May 12, in the District, 1713 Lehigh Street, Allentown, PA at 1 p.m. Location: Statewide Department: Transportation Duration: 7/1/97—6/30/98 w/two (2) additional one-year options to renew Location: Berks, Carbon, Lehigh, Monroe, Northampton, and Schuylkill Coun- Contact: Jean M. Kreiser, (717) 783-2369 ties Duration: June 15, 1997 to February 28, 2000 OAGTECH03 Provide Statewide radio services to include, but not limited to repairs, Contact: Curtis Fratamico, (610) 798-4181 modifications, programming, installations, removals, etc. Service will include mobile and portable radios, repeaters/control stations, antenna systems, transmission lines, leased telephone circuits, etc. Department: Office of Attorney General Location: Statewide (Commonwealth of Pennsylvania) Duration: July 1, 1997—June 30, 1998—One (1) Year Contact: Jean M. Kreiser, (717) 783-2369

0500 Contemplated sale of land no longer needed for Transportation purposes. Notice is hereby given that the Department of Transportation, pursuant to 71 P. S. Miscellaneous—39 § 513(e)(7), intends to sell certain land owned by it containing approximately .223 acres of land identified as Parcel No. 2 located to the north of S. R. 0061 in Schuylkill Haven Borough and North Manheim Township in Schuylkill County. By intersection of S. R. 0183 Jughandle. It has been determined that the land is no longer needed for present or future transportation purposes. Interested public entities are invited to express their interest in purchasing the site within 30 calendar days from this notice. Department: Transportation Location: Engineering District 5-0, 2460 Parkwood Drive, Allentown, PA 18103 Duration: N/A—Sale of Excess Land Contact: Paul J. Goida, District R/W Administrator, (610) 791-6011 260210 To provide the services of a qualified interpreter for the deaf who holds a current comprehensive certificate from the Registry of Interpreters for the Deaf, Inc. (RID); an experienced teacher of American Sign Language (ASL); a professional skilled in ASL w/experience in teaching communication and other self-development skills to multi-handicapped deaf adults. Department: Public Welfare Location: Mayview State Hospital, 1601 Mayview Road, Bridgeville, PA 15017- 1599 Duration: 1/1/98—12/31/02 Contact: F. Molisee, Purchasing Agent, (412) 257-6215

Security Services and Equipment—37 10-97-11 Perform scheduled and unscheduled veterinary services as needed for thirty-one (31) dogs and provide miscellaneous medications and supplies. Detailed bid specifications must be obtained from the Procurement and Supply Division at (717) 783-5485. Department: State Police Location: State Police Academy, Hershey, PA Duration: 7-1-97 through 6-30-99 Contact: Margaret Chapman, P&S Division, (717) 783-5485 [Pa.B. Doc. No. 97-721. Filed for public inspection May 2, 1997, 9:00 a.m.] 260201 Security Guard Services. Service areas to bid on service will be Woodville State Hospital, and Dixmont State Hospital. Department: Public Welfare Location: Mayview State Hospital, 1601 Mayview Road, Bridgeville, PA 15017- 1599 Duration: 1/1/98—12/31/02 Contact: F. Molisee, Purchasing Agent, (412) 257-6215

PENNSYLVANIA BULLETIN, VOL. 27, NO. 18, MAY 3, 1997 2235

DESCRIPTION OF LEGEND

1 Advertising, Public Relations, Promotional 22 Heating, Ventilation, Air Conditioning, Materials Electrical, Plumbing, Refrigeration Services, 2 Agricultural Services, Livestock, Equipment, Equipment Rental & Repair Supplies & Repairs: Farming Equipment 23 Janitorial Services & Supply Rental: Interior Rental & Repair, Crop Harvesting & Dusting, 24 Laboratory Services, Maintenance & Animal Feed, etc. Consulting 3 Auctioneer Services 25 Laundry/Dry Cleaning & Linen/Uniform 4 Audio/Video, Telecommunications Services, Rental Equipment Rental & Repair 26 Legal Services & Consultation 5 Barber/Cosmetology Services & Equipment 27 Lodging/Meeting Facilities 6 Cartography Services 28 Mailing Services 7 Child Care 29 Medical Services, Equipment Rental and 8 Computer Related Services & Equipment Repairs & Consultation Repair: Equipment Rental/Lease, 30 Moving Services Programming, Data Entry, Payroll Services, Consulting 31 Personnel, Temporary 9 Construction & Construction Maintenance: 32 Photography Services (includes aerial) Buildings, Highways, Roads, Asphalt Paving, 33 Property Maintenance & Bridges, Culverts, Welding, Resurfacing, etc. Renovation—Interior & Exterior: Painting, 10 Court Reporting & Stenography Services Restoration, Carpentry Services, Snow Removal, General Landscaping (Mowing, Tree 11 Demolition—Structural Only Pruning & Planting, etc.) 12 Drafting & Design Services 34 Railroad/Airline Related Services, Equipment 13 Elevator Maintenance & Repair 14 Engineering Services & Consultation: 35 Real Estate Services—Appraisals & Rentals Geologic, Civil, Mechanical, Electrical, Solar 36 Sanitation—Non-Hazardous Removal, & Surveying Disposal & Transportation (Includes 15 Environmental Maintenance Services: Well Chemical Toilets) Drilling, Mine Reclamation, Core & 37 Security Services & Equipment—Armed Exploratory Drilling, Stream Rehabilitation Guards, Investigative Services & Security Projects and Installation Services Systems 16 Extermination Services 38 Vehicle, Heavy Equipment & Powered 17 Financial & Insurance Consulting & Services Machinery Services, Maintenance, Rental, 18 Firefighting Services Repair & Renovation (Includes ADA Improvements) 19 Food 39 Miscellaneous: This category is intended for 20 Fuel Related Services, Equipment & listing all bids, announcements not applicable Maintenance to Include Weighing Station to the above categories Equipment, Underground & Above Storage Tanks GARY E. CROWELL, 21 Hazardous Material Services: Abatement, Secretary Disposal, Removal, Transportation & Consultation

PENNSYLVANIA BULLETIN, VOL. 27, NO. 18, MAY 3, 1997 2236 STATE CONTRACTS INFORMATION

Contract Awards Requisition or Awarded In the The following awards have been made by the Depart- Contract # On To Amount Of ment of General Services, Bureau of Purchases: 1740356-01 04/18/97 Lanco X-Ray 9,284.80 Requisition 1746116-01 04/18/97 Erie Industrial 24,744.00 or Awarded In the Trucks, Inc. Contract # On To Amount Of 1756206-01 04/22/97 Intoximeters, 31,705.00 0021-01 05/01/97 Colony Papers, 20,000.00 Inc. Inc. 1761226-01 04/17/97 Wyoming Sand 18,400.00 1106156-02 04/18/97 Bayer Diag- 66,000.00 and Stone nostics Co. 1271116-01 04/22/97 Medi Peth 62,324.25 1764356-01 04/22/97 Atlantic 24,589.00 Medical Lab, Nuclear Inc. Corp. 1271116-02 04/22/97 Hesco 13,812.77 1768116-01 04/22/97 PA Police Sup- 37,576.00 1582116-01 04/18/97 Allegheny 18,539.00 ply Fence 1784156-01 04/17/97 Herre Bros., 27,474.00 Const., Inc. Inc. 1606316-01 04/22/97 Iris Ltd., Inc. 13,361.00 1797226-01 04/18/97 Griffin Motor 82,252.00 1616116-01 04/18/97 United Res- 14,186.00 Co. taurant 1809356-01 04/17/97 API, Inc. 198,510.00 Equip., Inc. 4710-01 05/01/97 Hancor, Inc. 38,851.50 1638116-01 04/17/97 M. Glosser & 36,410.00 Sons, Inc. 4710-01 05/01/97 Advanced 465,370.50 Drainage 1639356-01 04/22/97 Exto Mfg. 53,655.00 Systems, Corp. Inc. 1647146-01 04/18/97 Baker Equip- 15,873.00 7313770-01 04/18/97 Tri State En- 1,295.88 ment Engi- velope Corp. neering Co., Inc. 8119310-01 04/17/97 Madden Steel 12,631.27 Fabricators, 1653156-01 04/18/97 Total Video 14,221.00 Inc. Products, Inc. 8205640-01 04/17/97 Commercial 229,200.00 Envelope 1655186-01 04/17/97 Pannier Corp. 31,263.40 8231780-01 04/18/97 Manchester 38,162.00 1660076-01 04/22/97 Clipper Unlim- 26,200.00 Industries, ited, Inc. Inc. 1666156-01 04/17/97 Custom Print- 143,446.00 8503630-01 04/18/97 American De- 8,114.80 ing Co. cal and Mfg. 1675116-01 04/18/97 Tabb Textiles 11,450.00 Co., Inc. Co., Inc. 8503630-02 04/18/97 Grafika 129,600.00 1683356-01 04/22/97 Industrial 95,144.00 Comm. Technical Printing, Services, Inc. Inc. 8503780-01 04/18/97 Moore Busi- 14,619.00 1689386-01 04/17/97 Wildfire Pa- 11,828.00 ness Forms, cific Inc. 1690386-01 04/17/97 Pannier 7,190.80 9135-05 05/01/97 Harrisburg Jet 166,065.00 Graphics Center 1692236-01 04/18/97 Webb’s Super 16,550.10 9905-09 05/01/97 Traffic Signal 45,000.00 Gro Prod- Co. of Wis., ucts, Inc. Inc. 1698386-01 04/18/97 Hopewell Mfg. 13,550.00 GARY E. CROWELL, 1708186-01 04/18/97 Moore Busi- 3,824.00 Secretary ness Forms, [Pa.B. Doc. No. 97-722. Filed for public inspection May 2, 1997, 9:00 a.m.] Inc. 1728126-01 04/18/97 Phoenix Data, 21,066.30 Inc.

PENNSYLVANIA BULLETIN, VOL. 27, NO. 18, MAY 3, 1997 2239 PROPOSED RULEMAKING ances in 1995 that resulted in a violation of the ozone ENVIRONMENTAL NAAQS. In response to this violation, the Governor formed the Stakeholders to review the ozone problem and QUALITY BOARD recommend additional emission control programs. [25 PA. CODE CH. 129] In response to the 1995 ozone NAAQS violation, EPA, Control of VOCs from Gasoline Dispensing Facil- on June 4, 1996, published a finding in the Federal Register (61 FR 28061 et seq.) that the area was no ities (Stage II) longer attaining the ozone standard and reinstated the applicability of the attainment demonstration and related The Environmental Quality Board (Board) proposes to requirements. These requirements are those established amend § 129.82 (relating to control of VOCs from gaso- by Part D of Title I of the Clean Air Act, sections 182(b) line dispensing facilities (Stage II)) to read as set forth in and 172(c)(9) (42 U.S.C.A. §§ 7511a(b) and 7502(c)(9)). Annex A. The proposed revisions clarify the existing The EPA recognized the work of the Stakeholders when it Stage II requirements and make them consistent with the published the schedule for completion of the attainment provisions of the Air Pollution Control Act (act) (35 P. S. demonstration for the Pittsburgh-Beaver Valley Ozone §§ 4001—4015). Nonattainment Area. The schedule was a result of a This proposal also seeks comment on the recommenda- letter submitted by the Commonwealth. Under the sched- tion of the Southwestern Pennsylvania Ozone Stakeholder ule, by December 31, 1997, the Commonwealth must (Stakeholders) Working Group relating to Stage II. submit to the EPA, as a SIP revision, final regulations establishing the emission controls contained in Annex A. If approved, the amendment will be submitted to the In the event the Commonwealth fails to meet this Environmental Protection Agency (EPA) as an amend- schedule, the sanctions established by the Clean Air Act ment to the State Implementation Plan (SIP). will go into effect in early January of 1998. These sanctions include 2 to 1 emission offsets and (after 6 This notice is given under Board order at its meeting of months) the loss of Federal highway funds in the area. March 18, 1997. This proposal is one of four core emission reduction A. Effective Date strategies recommended by the Stakeholders necessary for the demonstration of attainment of the ozone stan- This proposed amendment will be effective upon publi- dard. The four strategies are: cation in the Pennsylvania Bulletin as final rulemaking. B. Contact Persons 1. Minor changes to the proposed low enhanced motor vehicle emission inspection and maintenance program. For further information, contact Terry Black, Chief, Regulation and Policy Development Section, Division of 2. The second phase (55% reduction) of the Ozone Compliance and Enforcement, Bureau of Air Quality, 12th Transport Commission NOx Memorandum of Understand- Floor, Rachel Carson State Office Building, P. O. Box ing. 8468, Harrisburg, PA 17105-8468, (717) 787-1663; or M. Dukes Pepper, Jr., Assistant Director, Bureau of Regula- 3. Clean gasoline proposal (Federal Reformulated Gaso- tory Counsel, Office of the Chief Counsel, 9th Floor, line (RFG) or 7.8 Reid vapor pressure (RVP) gasoline). Rachel Carson State Office Building, P. O. Box 8464, Harrisburg, PA 17105-8464, (717) 787-7060. Persons with 4. Stage II vapor control requirements. a disability may use the AT&T Relay Service by calling These four core strategies were recognized by the (800) 654-5984 (TDD users) or (800) 654-5988 (voice Stakeholders as necessary to achieve the ozone standard users). This proposal is available electronically through in the Pittsburgh-Beaver Valley Ozone Nonattainment the Department of Environmental Protection’s (Depart- Area. The Stakeholders specifically recommended the ment’s) Web site (http://www.dep.state.pa.us). following schedule and throughput cutoff sizes for the C. Statutory Authority implementation of the Stage II requirements: This action is being taken under the authority of 1. As of April 1, 1997, Stage II should be required to be section 5 of the Air Pollution Control Act (act) (35 P. S. installed and operational by all newly constructed gaso- § 4005) which grants to the Board the authority to adopt line dispensing facilities pumping an average of 10,000 regulations for the prevention, control, reduction and gallons or more of gasoline per month. abatement of air pollution. 2. As of April 1, 1997, Stage II should be required to be D. Background of the Proposed Amendment installed and operational at the reopening of any gasoline dispensing facility pumping an average of 10,000 gallons This proposed rulemaking establishes controls of VOCs or more of gasoline per month which has been rebuilt or from gasoline dispensing facilities (Stage II) in the renovated, where tanks and associated piping have been Pittsburgh-Beaver Valley Area as part of the Common- substantially disturbed in the rebuilding or renovation wealth’s demonstration of attainment of the health-based process. ozone standard. Based on 1991 through 1994 monitoring data, on July 19, 1995, the EPA determined that mea- 3. By the end of the year 1998, Stage II should be put sured air quality in the area met the ozone National in place by all stations pumping an average of 120,000 Ambient Air Quality Standard (NAAQS) and that the gallons of gasoline per month (based on 1995/1996 sales). statutory requirement for an attainment demonstration (and other related requirements) was no longer appli- 4. By the end of the year 2000, Stage II should be put cable. However, there were a number of ozone exceed- in place by all stations pumping an average of 90,000

PENNSYLVANIA BULLETIN, VOL. 27, NO. 18, MAY 3, 1997 2240 PROPOSED RULEMAKING gallons of gasoline per month (based upon 1995/1996 E. Summary of the Regulatory Revision sales). The proposed amendment clarifies the existing Stage II 5. Stage II will no longer be required as of the year regulatory requirements and makes these provisions con- 2010 provided the Federal program to have vapor collec- sistent with section 6.7 of the act. The amendment to tion canisters on board each new vehicle is fully imple- § 129.82 incorporates the compliance dates established by mented. the act into the existing regulations. Finally, subsection (d) establishes the functional testing and certification The Stakeholders’ recommendation is contingent upon requirements consistent with the EPA’s regulations. all safety-related questions surrounding Stage II and on-board vapor recovery devices being addressed satisfac- F. Benefits, Costs and Compliance torily. Executive Order 1996-1 requires a cost/benefit analysis The Department is specifically requesting comments on of the proposed amendment. the Stakeholders’ recommendation as part of this rulemaking. Benefits The statutory authority to establish Stage II through- The approximately 2.8 to 3 million people living in the puts and time frames as recommended by the Stakehold- seven counties affected by this amendment will benefit ers by regulation is limited by section 6.7 of the act (35 from the reduced ozone levels which will result from P. S. § 4006.7). The Department intends to seek a repeal implementation of the proposed amendment. of section 6.7 of the act to allow implementation of the Compliance Costs Stakeholders’ recommendation by regulation. Information developed by the Stakeholders indicates As an alternative to repeal of section 6.7 of the act and that the cost of gasoline may increase approximately 2 to for newly constructed or substantially modified gasoline 2.6¢ per gallon. Estimated annual gasoline sales in the dispensing facilities, as a supplement to section 6.7 of the southwest Pennsylvania area are slightly less than 1 act to implement the existing regulations in § 129.82, the billion gallons. Total cost to affected facilities is estimated Department will begin to implement the requirements of to be approximately $25 million for implementation of the section 6.7 of the act and § 129.82 on the following Stage II requirements. schedule: Compliance Assistance Plan 1. As of April 1, 1997, Stage II will be required to be installed and operational by all newly constructed gaso- The Department plans to educate and assist the public line dispensing facilities pumping an average of 10,000 and the regulated community with understanding the gallons of gasoline per month. newly revised requirements and how to comply with them. This will be accomplished through the Depart- 2. As of April 1, 1997, Stage II will be required to be ment’s ongoing regional compliance assistance program. installed and operational at the reopening of any gasoline dispensing facility pumping an average of 10,000 gallons Paperwork Requirements or more of gasoline per month which has been rebuilt or Affected facilities will be required to maintain records renovated, where tanks and associated pumping have of compliance testing and maintenance activities. Facil- been substantially disturbed in the rebuilding or renova- ities claiming to be unaffected because of the low tion process. throughput volumes will be required to maintain records 3. By the end of the year 1998, Stage II will be to demonstrate that they are unaffected. required to be installed and operational by all stations G. Sunset Review pumping an average of 120,000 gallons of gasoline per month (based on 1995/1996 sales). This regulation will be reviewed in accordance with the sunset review schedule published by the Department to 4. By the end of the year 2000, Stage II will be determine whether the regulation effectively fulfills the required to be installed and operational by all stations goals for which it was intended. pumping an average of 90,000 gallons of gasoline per month (based upon 1995/1996 sales). H. Regulatory Review 5. After the year 2000, Stage II will be required to be Under section 5(a) of the Regulatory Review Act (71 installed and operational by all gasoline dispensing facil- P. S. § 745.5(a)), on April 21, 1997, the Department ities regulated under section 6.7 of the act and § 129.82. submitted a copy of the proposed rulemaking to the Prior to beginning to enforce this provision, the Depart- Independent Regulatory Review Commission (IRRC) and ment will determine whether these additional reductions to the Chairpersons of the Senate and House Environ- are necessary to achieve or maintain the NAAQS for mental Resources and Energy Committees. In addition to ozone. submitting the proposed amendment, the Department has provided IRRC and the Committees with a copy of a The Department discussed the regulatory revisions, detailed regulatory analysis form prepared by the Depart- Stakeholders’ recommendations and implementation ment. A copy of this material is available to the public schedule with the Air and Water Quality Technical Advi- upon request. sory Committee (AWQTAC). At its January 10, 1997, meeting, the Air Subcommittee of the AWQTAC, acting on If IRRC has objections to any portion of the proposed behalf of the full AWQTAC, recommended adoption of the amendment, it will notify the Department within 30 days proposed amendment and specifically requested that the of the close of the public comment period. The notification Department solicit public comment on the Stakeholders’ shall specify the regulatory review criteria which have recommendation and describe the Commonwealth’s en- not been met by that portion. The act specifies detailed forcement strategy. procedures for the Department, the Governor and the

PENNSYLVANIA BULLETIN, VOL. 27, NO. 18, MAY 3, 1997 PROPOSED RULEMAKING 2241

General Assembly to review these objections before final Annex A publication of the regulation. TITLE 25. ENVIRONMENTAL PROTECTION I. Public Comment and Board Public Hearing PART I. DEPARTMENT OF ENVIRONMENTAL Public Hearing PROTECTION The Board will hold one public hearing for the purpose Subpart C. PROTECTION OF NATURAL of accepting comments on the proposed amendment. The RESOURCES hearing will be held on June 3, 1997, at 1 p.m., at the following location: ARTICLE III. AIR RESOURCES Department of Environmental Protection, Southwest CHAPTER 129. STANDARDS FOR SOURCES Regional Office, 500 Waterfront Drive, Pittsburgh, PA MOBILE SOURCES Persons wishing to present testimony at the hearing must contact Nancy Roush at the Environmental Quality § 129.82. Control of VOCs from gasoline dispensing Board, P. O. Box 8477, Harrisburg, PA 17105-8477, (717) facilities (Stage II). 787-4526, at least 1 week in advance of the hearing to (a) After the date specified in paragraph (1) or (2), an reserve a time to present testimony. Oral testimony will owner or operator of a gasoline dispensing facility subject be limited to 10 minutes for each witness and three to this section may not transfer or allow the transfer of written copies of the oral testimony must be submitted at gasoline into a motor vehicle fuel tank unless the dispens- the hearing. Each organization is requested to designate ing facility is equipped with a Department approved and one witness to present testimony on its behalf. properly operating Stage II vapor recovery or vapor Persons with a disability who wish to attend the collection system. Unless a higher percent reduction is hearing and require an auxiliary aid, service or other required by the EPA under section 182 of the Clean Air accommodations in order to participate, should contact Act (42 U.S.C.A. § 7511a) approval by the Department of Nancy Roush at (717) 787-4526 or through the Pennsylva- a Stage II vapor collection system will be based on a nia AT&T relay service at (800) 654-5984 (TDD) to determination that the system will collect at least 90% by discuss how the Department may accommodate their weight, of the gasoline vapors that are displaced or drawn needs. from a vehicle fuel tank during refueling and the cap- tured vapors are returned to a vapor tight holding system Written Comments or vapor control system. In lieu of, or in addition to, presenting oral testimony (1) This paragraph applies to gasoline dispensing facil- at the hearing, interested persons may submit written ities located in areas classified as moderate, serious or comments, suggestions or objections regarding the pro- severe ozone nonattainment areas under section 181 of posed amendment to the Board, 15th Floor, Rachel the Clean Air Act (42 U.S.C.A. § 7511) including the Carson State Office Building, P. O. Box 8477, Harrisburg, counties of Allegheny, Armstrong, Beaver, Berks, Bucks, PA 17105-8477. Comments received by facsimile will not Butler, Chester, Delaware, Fayette, Montgomery, Phila- be accepted. Comments must be received by July 3, 1997. delphia, Washington and Westmoreland with monthly In addition to the written comments, interested persons throughputs greater than 10,000 gallons (37,850 liters). may also submit a summary of their comments to the In the case of independent small business marketers of Board. This summary may not exceed one page in length gasoline as defined in section 325 of the Clean Air Act (42 and must be received by July 3, 1997. The summary will U.S.C.A. § 7625a), this section will not apply if the be provided to each member of the Board in the agenda monthly throughput is less than 50,000 gallons (189,250 packet distributed prior to the meeting at which the liters). final-form regulation will be considered. (i) Facilities for which construction was commenced The Department is expressly seeking comment on the after November 15, 1990, shall achieve compliance by recommendations (discussed in Section D of this Pre- amble—Background of the Proposal) of the Stakeholders [ August 8, 1992 ] May 15, 1993. relating to Stage II. The Department will be seeking an (ii) Facilities which dispense greater than 100,000 gal- amendment to the act to authorize development of a final lons (378,500 liters) of gasoline per month, based on regulation to implement the Stakeholders’ recommenda- average monthly sales for the 2-year period immediately tions. preceding [ February 8, 1992 ] November 15, 1992, Electronic Comments shall achieve compliance by [ February 8, 1993 ] No- Comments may be submitted electronically to the vember 15, 1993. Board at [email protected]. A subject (iii) All other affected facilities shall achieve compli- heading the proposal and return name and address must ance by [ February 8, 1994 ] November 15, 1994. be included in each transmission. Comments submitted electronically must also be received by the Board by July (2) Gasoline dispensing facilities with annual through- 3, 1997. puts greater than 10,000 gallons in the counties of Bucks, JAMES M. SEIF, Chester, Delaware, Montgomery and Philadephia shall be Chairperson subject to the requirements of this section immediately upon the addition or replacement of one or more under- Fiscal Note: 7-320. No fiscal impact; (8) recommends ground gasoline storage tanks for which construction was adoption. This proposed amendment may result in in- commenced after [ February 8, 1992 ] November 15, creased costs to various Commonwealth agencies to pur- 1992. chase gasoline for Commonwealth vehicles. The total increased costs will depend on the type and amount of (3) For purposes of this section, the term ‘‘construction’’ fuel purchased, and market conditions. The total in- includes, but is not limited to, the addition or replace- creased cost can not be estimated at this time, but it is ment of one or more underground gasoline storage not expected to be significant. tanks.

PENNSYLVANIA BULLETIN, VOL. 27, NO. 18, MAY 3, 1997 2242 PROPOSED RULEMAKING

(b) Owners or operators, or both, of gasoline dispensing (i) A dynamic backpressure test upon installation facilities subject to [ the requirements of ] this section and every 5 years thereafter. shall: (ii) A leak or pressure decay test upon installa- ***** tion and every 5 years thereafter for vapor balance systems and upon installation and once in every 12 (5) Maintain records of system test results, monthly month period thereafter for vacuum assist systems. throughput, type and duration of any failures of the system and maintenance and repair records on the (iii) A liquid blockage test upon installation and premises of the affected gasoline dispensing facil- every 5 years thereafter. ity. The records shall be kept for at least 2 years and (iv) An air to liquid ratio test upon installation shall be made available for inspection, upon request, by and every 5 years thereafter for vacuum assist the Department. systems to which the test is applicable. ***** (2) Owners or operators, or both, of gasoline (d) The owners or operators, or both, of gasoline dispensing facilities subject to this section shall dispensing facilities shall comply with the func- provide at least 48 hours advance notice of when tional testing and certification requirements speci- the testing will occur and what party will conduct fied in the EPA’s Stage II enforcement and techni- the testing. cal guidance documents developed under section (3) The system shall be retested upon major sys- 182 of the Clean Air Act to meet the Clean Air Act tem replacement or modification. requirements for areas classified as moderate, seri- [Pa.B. Doc. No. 97-723. Filed for public inspection May 2, 1997, 9:00 a.m.] ous, severe or extreme ozone nonattainment. (1) Upon installation of a Department approved Stage II system the functional testing and certification requirements shall include:

PENNSYLVANIA BULLETIN, VOL. 27, NO. 18, MAY 3, 1997 2245 PROPOSED RULEMAKING mining operations conducted under a mining permit ENVIRONMENTAL issued by the Department before February 16, 1993.

QUALITY BOARD Secondly, the proposed amendments to §§ 87.119(a) and 88.107 (relating to hydrologic balance: water rights and [25 PA. CODE CHS. 87 AND 88] replacement) are based on several Commonwealth Court Water Supply Protection/Replacement (Mining) and Environmental Hearing Board (EHB) rulings which clarify the water supply replacement requirements of The Environmental Quality Board (Board) proposes to SMCRA and Department regulations. These clarifications amend Chapters 87 and 88 (relating to surface mining of address the character of the replacement water supply, coal; and anthracite coal). These proposed amendments including control, reliability and cost. address water supply replacement (coal surface mining) and revegetation of previously disturbed and unreclaimed These proposed amendments do not address water areas. supply replacement requirements governing underground coal mining. Water supply replacement for underground The proposed amendments were adopted by the Board coal mining will be addressed in other regulatory amend- at its meeting of February 18, 1997. ments. A. Effective Date E. Summary of Regulatory Requirements These proposed amendments will go into effect upon publication in the Pennsylvania Bulletin as final rule- As indicated in Section D of this Preamble, these making. proposed changes are a result of amendments to SMCRA B. Contact Persons and several court rulings. The following summary identi- fies the section of the regulations proposed for change For further information contact Evan T. Shuster, Bu- along with a description of the specific change. reau of Mining and Reclamation, Room 203 Executive House, P. O. Box 8461, Harrisburg, PA 17105-8461, (717) §§ 87.1 and 88.1 (Definitions) 787-7846, or Joseph Pizarchik, Assistant Counsel, P. O. Box 8464, Bureau of Regulatory Counsel, Harrisburg, PA A definition of ‘‘de minimis cost increase’’ is being 17105-8464, (717) 787-7060. Persons with a disability added. A de minimis cost increase over the cost to operate may use the AT&T Relay Service by calling (800) 654- and maintain the original water supply is one that is 5984 (TDD users) or (800) 654-5988 (voice users). This either no more than $60 or no more than 15% of the cost proposal is available electronically through the Depart- to operate and maintain the original supply. For example, ment of Environmental Protection’s (Department’s) Web if the original supply cost $500 per year to run and the site (http://www.dep.state.pa.us). replacement supply cost $570 per year, the cost increase is $70 or 14% of the original cost. Although $70 is greater C. Statutory Authority than $60, it is less than 15% of the cost of the original. These amendments are proposed under the rulemaking Consequently, the $70 increase is a de minimus cost authority of section 4.2(a) of the Surface Mining Conser- increase. The definition is needed when determining vation and Reclamation Act (SMCRA) (52 P. S. whether a replacement water supply is adequate. This is § 1396.4b(a)) which provides the Department’s general explained in more detail as follows. rulemaking authority, and section 1920-A of The Adminis- trative Code of 1929 (71 P. S. § 510-20) which authorizes A definition of ‘‘water supply’’ is being added to §§ 87.1 the Board to adopt regulations necessary for the Depart- and 88.1. The definition is not new language but is ment to perform its work. existing language that is being relocated from §§ 87.119 and 88.107. D. Background and Purpose The Board is proposing to revise Chapters 87 and 88 to A definition of ‘‘water supply survey’’ is being added to update the Department’s coal mining regulations in light §§ 87.1 and 88.1 for the purpose of clarity. The language of the amendments to the SMCRA (52 P. S. §§ 1396.1— of Act 173 simply refers to a survey. The term is used in 1396.31) by the act of December 18, 1992 (P. L. 1384, No. the context of water supplies. What is being referred to is 173) (Act 173) and the act of May 22, 1996 (P. L. 232, No. a ‘‘water supply survey,’’ as opposed to some other type of 43) (Act 43). survey such as a property survey, an archeological survey, and the like. The definition of water supply survey also Act 173 amended section 4(a)(2)C of SMCRA (52 P. S. describes the contents of the survey. This clarification will § 1396.4(a)(2)(C) relating to revegetation to establish serve the coal industry and the water supply owners by minimum vegetative cover requirements for areas previ- providing clear guidance regarding the requirements of ously disturbed by surface mining activities (that is, these amendments. abandoned coal mine lands) and proposed for remining. Section 4.2(f)(1) of SMCRA (52 P. S. § 1396.4b(f)(1)) was The survey is to collect the specified information that is amended to extend the water supply replacement require- reasonably available. Information that is reasonably ment to anyone who affects a supply while performing available is that information which can be collected government-financed reclamation. Also, section 4.2(f)(2) of without extraordinary efforts or the expenditure of exces- SMCRA was amended by Acts 173 and 43 to provide sive sums of money. For example, if the well owner does rebuttable presumption provisions concerning replace- not possess any information on the length of the well ment of water supplies due to surface mining of coal. casing, an operator would not be expected to spend the Section 4.2(f)(2) of SMCRA, the presumption of liability money for a borehole camera to determine the length of provision, does not apply to persons engaged in the casing or to remove a structure, such as a sunroom, government-financed reclamation contracts or to surface that had been constructed over the well.

PENNSYLVANIA BULLETIN, VOL. 27, NO. 18, MAY 3, 1997 2246 PROPOSED RULEMAKING

§§ 87.119(a) and 88.107(a) (Water Supply Replacement be excessive in Carlson. The amount of $60 is also based Obligations) on Carlson, where the amount of $200.24 was found to be The phrase ‘‘or any person engaged in government- excessive. Sixty dollars is less than three-tenths of the financed reclamation’’ has been added based on sections cost increase for Carlson and is an average of $5 per 4.2(f)(1) and 4.8(g) of SMCRA which establish water month, which is an amount less than typical discretionary supply replacement requirements for persons engaged in expenditures for most households. The definition of de government-financed reclamation, including reclamation minimis given above is much less than the values under a no-cost government-financed reclamation con- disputed in Carlson and is intended to avoid disagree- tract. ments over amounts that are essentially the same, or of insignificant difference. For years section 4.2(f)(1) of SMCRA and §§ 87.119(a) and 88.107(a) have required an operator who affects a A cost increase less than 15% of the annual operating water supply to replace the affected supply with an and maintenance costs of the previous supply is a de alternate source adequate in water quantity and quality minimus cost regardless of the amount. For example, if for the purpose served by the supply. Neither the statute the annual operation and maintenance costs of the previ- nor the regulations defined the term ‘‘adequate.’’ This ous supply were $1,000 and the annual operation and resulted in litigation. The resulting court decisions pro- maintenance costs of the replacement supply are $1,140, vide guidance in determining whether a replacement the increase of $140 is a de minimis cost because it is less water supply is ‘‘adequate.’’ The court decisions addressed than 15% of the annual operation and maintenance costs increased operation and maintenance costs, increased of the previous water supply. This is true even though the maintenance and the control, accessibility, reliability and increased costs are more than $60. permanence of the replacement water supply. These sec- Similarly, an annual cost increase of less than $60 is a tions are amended to incorporate these court decisions de minimis cost. This is true even though the increase and clarify what is meant by ‘‘adequate’’ for the purposes may be 15% or more of the annual operation and of a restored or replaced water supply. maintenance costs of the previous supply. For example, if In Carlson Mining Co. v. DER, 639 A.2d 1332 (Pa. the annual operation and maintenance costs of the previ- Cmwlth. 1994) and Carlson Mining Co. v. DER, EHB ous supply were $120 and the annual operation and 91-547-E the courts addressed increased operating and maintenance costs of the replacement supply are $144 (an maintenance costs of a restored or replacement water increase of $24 or 20%) the increase is still de minimis supply. The courts found that for a replacement water because it is less than $60. supply to be adequate, any increase in operation and It does not matter whether the increase in annual maintenance costs must be de minimis. The coal company operation and maintenance costs exceed the previous is permanently responsible for any increase in operation supplies operation and maintenance costs by 15% or more or maintenance costs that are not de minimis. The term or if they are $60 or more as long as the increase in ‘‘de minimis cost increase’’ is defined in §§ 87.1 and 88.1 annual operation and maintenance costs is less than one and is addressed in §§ 87.119 and 88.107. of these amounts. If it is less than one of these amounts, and it does not matter which one, the cost increase is de Other decisions have also dealt with cost differentials minimis. for water supplies. These cases are Gioia Coal Co. v. DER, 1986 EHB 82 and Buffy & Landis v. DER, 1990 The new provision concerning adequacy of the replace- EHB 1665. In Gioia, the EHB held that, unless operation ment supply in regards to maintenance, control, accessi- and maintenance costs were excessive, the Department bility, reliability and permanance is being added because could not require the operator to pay for the additional of findings in the Carlson, Gioia and Buffy & Landis costs of the replacement supply. What would be ‘‘exces- decisions, plus the decision in Haydu v. DER & PBS sive’’ was not defined. In Buffy & Landis, the EHB held Coals Co., Inc., 1994 EHB 826. In Gioia the EHB found that: ‘‘. . . (a) proposal for a replacement water supply that: ‘‘ . . . the user of a replacement water supply—who cannot be considered as an alternative source of water originally had complete control over his supply—be able adequate in quantity and quality unless it demonstrates to avoid having the replacement supply cut off at any that either the operation and maintenance costs for the time by the acts of another person.’’ In Buffy & Landis proposed replacement source are substantially the same the EHB ruled that ‘‘ ...when Buffy & Landis, exclu- as the existing system and the existing supply’s users sively control their existing private sources of supply, the agree to shoulder these costs or that the miner has proposal for a community replacement source of water included in its proposal a satisfactory method for compen- must demonstrate that Buffy & Landis retain substan- sating the users of the existing supply for the replace- tially equal control over it or consent thereto, if it is to be ment supply’s increased costs.’’ Buffy & Landis.In judged an adequate replacement proposal.’’ It should be Carlson, the EHB found that, if they are more than a de noted here that the term ‘‘community replacement source minimis cost increase, the costs are excessive. The costs of water’’ in Buffy & Landis refers to a well that was to of the replacement supply was an annual increase of service five homes, and does not refer to a public water $200.24 and a five-fold increase between the costs of supply. In Haydu, the EHB found that: ‘‘ . . . (t)o satisfy operating and maintaining the original supply and the the requirements of section 4.2(f) of the SMCRA, a replacement supply. They found these costs to be more replacement water supply: must have an adequate quan- than marginally higher and excessive. tity and quality; must not be unreliable; must not require excessive maintenance; and must provide the property De minimis cost increase has been defined in these owner with as much control as he exercised over his proposed amendments as an annual cost increase which previous supply.’’ is either less than 15% of the annual operating and maintenance costs of the previous supply or less than $60 It has been Department practice to allow a water per year. The factor of .15 times is based on the fact that supply owner to waive an operator’s obligation to restore multiple cost estimates for the same water supply rou- or replace an affected water supply. The waiver had to be tinely vary by a factor of at least 15%. This factor is in writing on a Department form and had to be approved clearly less than the five-fold increase which was found to by the Department. The Mining and Reclamation Advi-

PENNSYLVANIA BULLETIN, VOL. 27, NO. 18, MAY 3, 1997 PROPOSED RULEMAKING 2247 sory Board, after considerable debate, recommended that owned by another person. Second, the term ‘‘reasonable a waiver provision be included in these proposed amend- access’’ is used in place of ‘‘access.’’ The intent of this ments. The debate revolved around who should be al- proposed modification is to account for situations where lowed to submit the waiver. For example, if the land- an operator might need to spend considerable effort and owner had leased the property as a residence, could the money to gain physical access to a water supply. For landowner or the tenant waive the requirement to replace example, a homeowner may have constructed a concrete the water supply without considering the interests of the patio over his wellhead. This language would also help other or was it necessary for both to agree to the waiver? protect homeowners from surface mine operators and The statutory obligation to replace an affected water mine owners proposing major disruptions and inconve- supply extends to the use of the water resource. The niences to homeowners to gain access and to sample obligation to replace is not conditioned upon the user also homeowners’ wells. being the landowner. In recognition of the possibility that §§ 87.119(d) and 88.107(d) (Notification to the Depart- more than one person can have a legal interest in a water ment) supply, the waiver provisions added as §§ 87.119(a)(3) These provisions require the surface mine operator or and 88.107(a)(3) allow for the waiver of the obligation to mine owner to provide the Department with all informa- replace a water supply if everyone possessing a legal tion pertaining to available defenses. This will allow the interest in the water supply agrees to the waiver. This Department to evaluate any defenses to the presumption approach is necessary to protect everyone’s rights and to of liability available to the surface mine operator or mine avoid needless disputes. The waiver must be in writing on owner. Doing so will enable the Department to avoid a form prepared by the Department. Everyone possessing issuing erroneous orders and will save the operator and an ownership interest in the affected water supply must the Department expenses related to appeals of these sign the waiver. For example, if the landowner has leased orders. the property as a residence, both the landowner and the tenant must sign the waiver. §§ 87.119(e) and (f) and 88.107(e) and (f) (Immediate Replacement of Water Supply and Department Cost It is also intended that the requirement to restore or Recovery) replace a water supply can be waived in its entirety or in part. For example, if the affected water supply has been These subsections are proposed to be added to imple- replaced with a water supply that is adequate in every ment section 4.2(f)(3) of SMCRA. These requirements respect except that the replacement supply costs more to authorize the Department to restore or replace a water operate and maintain, the owner may waive the require- supply when the surface mine operator or mine owner ment to pay the increased operation and maintenance fails to comply with an order issued by the Department to costs. This would occur when the operator agrees to pay restore or replace a water supply which the Department the future operation and maintenance costs in a lump determined had been affected by the operator. The re- sum instead of as they occur. This is both more efficient quirements require the Department to recover incurred and less onerous on the user and the operator. costs, including costs for providing a temporary water supply, from the surface mine operator or mine owner. §§ 87.119(b) and 88.107(b) (Presumption of Liability for Pollution) §§ 87.119(g) and 88.107(g) (Operator Cost Recovery) Acts 173 and 43 added section 4.2(f)(2)—(7) to SMCRA These proposed subsections, which reflect the provi- which created a presumption of liability on the part of a sions of section 4.2(f)(5) of SMCRA, allow a surface mine surface mine operator or mine owner for pollution or operator or mine owner who provides a successful defense diminution of public or private water supplies located to the presumption of liability to seek recovery of reason- within 1,000 feet (304.80 meters) of areas bonded and able costs from the Department. These costs include costs affected by coal mining operations, areas of overburden incurred for providing a temporary water supply, design, removal and storage and support areas except for haul construction, restoration or replacement costs, attorney and access roads. This provision is not applicable to fees and expert witness fees. persons engaged in government-financed reclamation con- §§ 87.119(h) and (j) and 88.107(h) and (j) (Other Rem- tracts. Section 4.2(f) of SMCRA also contains five condi- edies and Departmental Authority) tions which a surface mine operator or surface mine owner may use to rebut the presumption of liability. The The proposed language of these subsections reflect same presumption of liability applies to surface mining section 4.2(f)(6) of SMCRA which allows a landowner, activities which are not permitted by the Department. water supply user or water supply company who claims pollution or diminution of a water supply to seek other It should be noted that, with or without a rebuttable legal remedies than are provided for by section 4.2(f) of presumption of liability, the Department will continue to SMCRA and these regulations. Subsections (j) in carefully evaluate each instance of water supply contami- §§ 87.119 and 88.107 provide notice that the Depart- nation or diminution based on the best scientific and ment’s authority to take other actions is not limited by technical information available, prior to ordering a sur- those sections. face mine operator or mine owner to restore or replace a water supply. §§ 87.119(i) and 88.107(i) (Issuance of New Permits) §§ 87.119(c) and 88.107(c) (Defenses to Presumption of The proposed language of this subsection reflects sec- Liability) tion 4.2(f)(4) of SMCRA. If the Department issues an order under §§ 87.119 or 88.107 and that order is The language for §§ 87.119(c)(1) and 88.107(c)(1) is appealed, the Department cannot use the appealed order intended to clarify the provisions of section 4.2(f)(2)(ii) of as the basis for blocking the issuance of new permits to SMCRA in two regards. First, the term ‘‘water supply the operator or the release of bonds when all other user’’ has been added between ‘‘landowner’’ and ‘‘water requirements for bond release have been satisfied. If the supply company’’ to account for the possibility that the operator does not appeal the Department order, the order landowner and water supply user may be different per- can serve as the basis for blocking the issuance of new sons. An example is when someone is renting a house permits to the operator or releasing bonds on any site.

PENNSYLVANIA BULLETIN, VOL. 27, NO. 18, MAY 3, 1997 2248 PROPOSED RULEMAKING

§§ 87.119(k) and 88.107(k) (Exception) of the orders under the rebuttable presumption provi- These sections are being added to reflect section sions, the estimated minimum annual costs to the De- 4.2(f)(7) of SMCRA which provides that the provisions partment would be $17,000 ($8,500 per water supply × 2 relating to the presumption of liability for replacement of supplies per year = $17,000 per year). These are mini- water supplies do not apply to surface coal mine permits mum costs and do not account for attorney fees and issued before February 16, 1993. expert witness fees which the operator would also be entitled to recover under the statutory provisions relating §§ 87.147(b), 88.121(b) and 88.209(b) (Revegetation) to rebuttable presumption and under these regulations. These sections are proposed to be revised to provide for These costs represent a very conservative estimate of a different vegetative cover requirement as authorized by what the overall costs may be to the Department if section 4(a)(2)(C) of SMCRA which allows the Department litigation costs are taken into account. to approve a lesser vegetative cover requirement for areas Paperwork Requirements previously disturbed by surface mining activities that were not reclaimed to the standards of SMCRA and The proposed amendments will not result in additional Chapters 87 and 88 and are proposed for remining. forms or reports. Some additional recordkeeping procedures will be necessary to implement section 4.2(f) of F. Benefits and Costs SMCRA. Executive Order 1996-1 requires a cost/benefit analysis G. Sunset Review of these proposed amendments. These proposed amendments will be reviewed in accord- Benefits ance with the sunset review schedule published by the The benefits of the proposed amendments are that Department to determine whether the regulations effec- water supplies within 1,000 feet (304.80 meters) of land tively fulfill the goals for which they were intended. affected by surface mining activities of a permit issued H. Regulatory Review after February 16, 1993, should be replaced more expeditiously. The proposed amendments relating to revegeta- Under section 5(a) of the Regulatory Review Act (71 tion impose no additional costs to surface coal mine P. S. § 745.5(a)), on April 16, 1997, the Department operators and will save operators an estimated $32,000 submitted a copy of this proposed rulemaking to the annually ($40 reclamation cost savings per acre × 800 Independent Regulatory Review Commission (IRRC) and acres of abandoned mine land remined per year = the Chairpersons of the Senate and House Environmental $32,000). In addition, the proposed provisions relating to Resources and Energy Committees. In addition to submit- revegetation should provide some additional incentive for ting the proposed rulemaking, the Department has pro- surface coal mine operators to remine previously mined vided IRRC and the Committees with a copy of a detailed and unreclaimed lands. Regulatory Analysis Form prepared by the Department. A copy of this material is available to the public upon Compliance Costs request. The proposed amendments impose no additional man- If IRRC has objections to any portion of the proposed datory costs on the coal operator other than what would amendments, it will notify the Department within 30 currently be required under the statutory provisions of days of the close of the public comment period. The SMCRA relating to rebutting a presumption of liability notification shall specify the regulatory review criteria for replacement of water supplies affected by the mining which have not been met by that portion. The Regulatory activities which are within 1,000 feet (304.80 meters) of Review Act specifies detailed procedures for review, prior the land affected by surface mining activities. to final publication of the regulations, by the Department, Operator costs for permanent replacement or restora- the General Assembly and the Governor. tion of degraded water supplies would be approximately I. Public Comments $7,500 per supply. Operator costs for providing a temporary water supply (until permanent replacement or resto- Written Comments—Interested persons are invited to ration) would be approximately $1,000 based upon provid- submit written comments, suggestions or objections re- ing a household with 4 residents with 75 gallons a day garding the proposal to the Environmental Quality Board, per resident for 2 months. The annual costs for water P. O. Box 8477, Harrisburg, PA 17105-8477 (express supply replacement would amount to an estimated mail: 15th Floor, Rachel Carson State Office Building, $40,800 assuming 5% of the operators degrade one water 400 Market Street, Harrisburg, PA 17101-2301). Com- supply during a 5-year period [$8,500 per supply ($7,500 ments received by facsimile will not be accepted. Com- + $1,000) Ϭ 5 years = $1,700 per year × 24 operators (5% ments, suggestions or objections must be received by the of 480 operators) = $40,800 per year]. Board by July 2, 1997 (within 60 days of publication in the Pennsylvania Bulletin). Interested persons may also The Commonwealth’s costs of administering and enforc- submit a summary of their comments to the Board. The ing these requirements will not change significantly summary will be provided to each member of the Board beyond what would currently be required under the in the agenda packet distributed prior to the meeting at statutory provisions of SMCRA. The statutory provisions which the final regulations will be considered. The sum- could significantly increase the Commonwealth’s costs if mary may not exceed one page in length and must also be the Department is unsuccessful in defending appeals by received by July 2, 1997 (within 60 days of publication in mine operators of Department orders to replace water the Pennsylvania Bulletin). supplies. The Department currently investigates approximately 80 complaints annually concerning degraded wa- Electronic Comments—Comments may be submitted ter supplies in the vicinity of surface coal mine opera- electrically to the Board at [email protected]. tions. If the Department issued 2 compliance orders state.pa.us and must also be received by the Board by annually for replacement or restoration of a degraded July 2, 1997. A subject heading of the proposal and a water supply within 1,000 feet of a mining operation and return name and address must be included in each the mine operator was successful in defending an appeal transmission. If an acknowledgement of electronic com-

PENNSYLVANIA BULLETIN, VOL. 27, NO. 18, MAY 3, 1997 PROPOSED RULEMAKING 2249 ments is not received by the sender within 2 working (ii) Is less than $60 per year. days, the comments should be retransmitted to ensure ***** receipt. Water supply—For the purpose of § 87.47 (relating J. Public Hearing to alternative water supply information) and The Board will hold 2 public hearings for the purpose of § 87.119, an existing or currently designated or accepting comments on this proposal. They will be held as currently planned source of water or facility or follows: system for the supply of water for human consumption or for agricultural, commercial, industrial or June 10, 1997—3 p.m. Department of Environmental other uses. Protection, Greensburg District Office, Armbrust Profes- sional Center, Bldg. C, Route 819 South, Greensburg, PA Water supply survey—The collection of reasonably available information for a water supply to estab- June 12, 1997—1 p.m. Department of Environmental lish: Protection, Pottsville District Office, 5 West Laurel Boule- vard, Pottsville, PA (i) The location, type and use of the water supply. Persons wishing to present testimony are requested to (ii) The chemical and physical characteristics of contact Nancy Roush at the Environmental Quality the water. Board, P. O. Box 8477, Harrisburg, PA 17105-8477, (717) (iii) The quantity of the water. 787-4526, at least 1 week in advance of the hearing to reserve a time to present testimony. Oral testimony is (iv) The physical description of the water supply, limited to 10 minutes for each witness. Witnesses are including the depth and diameter of the well, requested to submit three written copies of their oral length of casing and description of the treatment testimony to the hearing chairperson at the hearing. and distribution systems. Organizations are limited to designating one witness to (v) Hydrogeologic data such as the static water present testimony on their behalf at each hearing. level and yield determination. Persons in need of accommodations as provided for in ***** the Americans With Disabilities Act of 1990 should contact Nancy Roush directly at (717) 787-4526 or Subchapter E. SURFACE COAL MINES: MINIMUM through the Pennsylvania AT&T Relay Services at (800) ENVIRONMENTAL PROTECTION PERFORMANCE 654-5984 (TDD) to discuss how the Department may STANDARDS accommodate their needs. § 87.119. Hydrologic balance: water rights and re- JAMES M. SEIF, placement. Chairperson (a) Water supply replacement obligations. The op- Fiscal Note: 7-315. (1) Surface Mining Conservation erator of any mine [ which ] or a person engaged in and Reclamation Fund; (2) Implementing Year 1997-98 is government-financed reclamation who affects a wa- $Minimal; (3) 1st Succeeding Year 1998-99 is $Minimal; ter supply by contamination, pollution, diminution or 2nd Succeeding Year 1999-00 is $Minimal; 3rd Succeeding interruption shall restore or replace the affected water Year 2000-01 is $Minimal; 4th Succeeding Year 2001-02 is supply with an alternate source, adequate in water $Minimal; 5th Succeeding Year 2002-03 is $Minimal; quantity and water quality, for the purpose served by the (4) Fiscal Year 1996-97 $34,165,000; Fiscal Year 1995-96 water supply. [ For the purpose of this section, the $29,758,000; Fiscal Year 1994-95 $31,383,000; (8) recom- term ‘‘water supply’’ shall include any existing or mends adoption. currently designated or currently planned source Annex A of water or facility or system for the supply of water for human consumption or for agricultural, TITLE 25. ENVIRONMENTAL PROTECTION commercial, industrial or other uses. ] PART I. DEPARTMENT OF ENVIRONMENTAL PROTECTION (1) To be adequate, the restored or replacement water supply, at a minimum, shall: Subpart C. PROTECTION OF NATURAL RESOURCES (i) Be as reliable as the previous water supply. ARTICLE I. LAND RESOURCES (ii) Be as permanent as the previous water supply. CHAPTER 87. SURFACE MINING OF COAL (iii) Not require excessive maintenance. Subchapter A. GENERAL PROVISIONS (iv) Provide the owner and the user with as much § 87.1. Definitions. control and accessibility as exercised over the pre- The following words and terms, when used in this vious water supply. The use of a public water chapter, have the following meanings, unless the context supply as a replacement water supply provides the clearly indicates otherwise: owner and the user adequate control and accessibility. ***** (v) Not result in more than a de minimis cost De minimis cost increase—For purposes of increase to operate and maintain. § 87.119 (relating to hydrologic balance: water (2) If the operating and maintenance costs of the rights and replacement), a cost increase which restored or replacement water supply are more meets one of the following criteria: than a de minimis cost increase, the operator shall (i) Is less than 15% of the annual operating and provide for the permanent payment of the in- maintenance costs of the previous water supply creased operating and maintenance costs of the that is restored or replaced. restored or replacement water supply.

PENNSYLVANIA BULLETIN, VOL. 27, NO. 18, MAY 3, 1997 2250 PROPOSED RULEMAKING

(3) The requirement contained in this section to more of the five defenses to the presumption of restore or replace an affected water supply may, liability provided in subsection (c) are met. upon approval by the Department, be waived. The waiver shall be in writing on a form prepared by (e) Immediate replacement of water supply. If the the Department. Everyone who possesses an owner- Department finds that immediate replacement of ship interest in the water supply shall sign the an affected water supply used for potable or domes- waiver. tic purposes is required to protect public health or safety and the surface mine operator or mine (b) Presumption of liability for pollution. owner has failed to comply with an order issued (1) It shall be presumed, as a matter of law, that a under section 4.2(f) of SMCRA (52 P. S. § 1396.4b(f)), surface mine operator or mine owner is responsible the Department may use moneys from the Surface without proof of fault, negligence or causation for Mining Conservation and Reclamation Fund to re- all pollution, except bacteriological contamination, store or replace the affected water supply. and diminution of public or private water supplies (f) Department cost of recovery. The Department within 1,000 linear feet (304.80 meters) of the will recover the costs of restoration or replacement, boundaries of the areas bonded and affected by the costs of temporary water supply and costs coal mining operations, areas of overburden re- incurred for design and construction of facilities moval and storage and support areas except for from the responsible surface mine operator or mine haul and access roads. owner. Costs recovered will be deposited in the (2) If surface mining activities are conducted on Surface Mining Conservation and Reclamation areas which are not permitted or bonded, it shall Fund. be presumed, as a matter of law, that the surface (g) Operator cost recovery. A surface mine opera- mine operator or mine owner is responsible with- tor or mine owner who appeals a Department out proof of fault, negligence or causation for all order, provides a successful defense during the pollution, except bacteriological contamination, appeal to the presumptions of liability and is not and diminution of public or private water supplies otherwise held responsible for the pollution or within 1,000 linear feet (304.80 meters) of the land diminution is entitled to seek recovery of reason- affected by the surface mining activities. able costs incurred, including, but not limited to, (c) Defenses to presumption of liability. There are the costs of temporary water supply, design, con- only five defenses to the presumption of liability struction, restoration or replacement costs, attor- provided in subsection (b). For any of the five ney fees and expert witness fees from the Depart- defenses to apply, the mine operator or mine owner ment. shall affirmatively prove by a preponderance of (h) Other remedies. Nothing in this section pre- evidence that one or more of the following condi- vents a landowner, water supply user or water tions exists: supply company who claims pollution or diminu- (1) The landowner, water supply user or water tion of a water supply from pursuing any other supply company refused to allow the surface mine remedy that may be provided for in law or in operator or mine owner reasonable access to con- equity. duct a water supply survey prior to commencing (i) Issuance of new permits. A Department order surface mining activities. issued under this section which is appealed, will (2) The water supply is not within 1,000 linear not be used to block issuance of new permits or the feet (304.80 meters) of: release of bonds when a stage of reclamation work (i) The boundaries of areas bonded and affected is completed. by coal mining operations, areas of overburden (j) Departmental authority. Nothing in this sec- removal and storage and areas used for support but tion limits the Department’s authority under sec- not including haul and access roads. tion 4.2(f)(1) of SMCRA. (ii) The boundaries of areas affected by surface (k) Exception. A surface mining operation con- mining activities in areas which are not bonded. ducted under a surface mining permit issued by the (3) The pollution or diminution existed prior to Department before February 16, 1993, is not subject the surface mining activities as evidenced by a to subsections (b)—(i), but is subject to subsections water supply survey conducted prior to commenc- (a) and (j). ing surface mining activities and as documented in § 87.147. Revegetation: general requirements. the approved surface mine permit application submitted to the Department prior to permit issuance. ***** (4) The pollution or diminution occurred as a (b) Revegetation shall provide for a diverse, effective result of some cause other than the surface mining and permanent vegetative cover of the same seasonal activities. variety native to the area of land to be affected and capable of self-regeneration and plant succession at least (5) The landowner, water supply user or water equal in extent of cover to the natural vegetation of the supply company refused to allow the surface mine area, except that introduced species may be used in the operator or mine owner reasonable access to deter- revegetation process when desirable and necessary to mine the cause of pollution or diminution or to achieve the approved postmining land use plan. Vegeta- replace or restore the water supply. tive cover shall be considered of the same seasonal (d) Notification to Department. The surface mine variety when it consists of a mixture of species of equal or operator or mine owner shall notify the Depart- superior utility for the approved postmining land use, ment and provide all information which supports a when compared with the utility of naturally occurring defense to the presumption of liability when one or vegetation during each season of the year.

PENNSYLVANIA BULLETIN, VOL. 27, NO. 18, MAY 3, 1997 PROPOSED RULEMAKING 2251

(1) For areas previously disturbed by surface supply with an alternate source, adequate in water mining activities that were not reclaimed to the quality and water quantity for the purpose served by the standards of SMCRA and this chapter, and are water supply. [ For the purpose of this section, the proposed to be reaffected or redisturbed, the De- term ‘‘water supply’’ includes any existing or cur- partment may approve a vegetative cover which, at rently designated or currently planned source of a minimum, may not be less than the vegetative water or facility or currently designated or cur- cover existing before redisturbance and shall be rently planned source of water or facility or system adequate to control erosion and achieve the ap- for the supply of water for human consumption or proved postmining land use. for agricultural, commercial, industrial or other (2) For areas designated as prime farmland, [ the uses. ] requirements of ] §§ 87.177—87.181 apply. (1) To be adequate, the restored or replacement ***** water supply, at a minimum, shall: CHAPTER 88. ANTHRACITE COAL (i) Be as reliable as the previous water supply. Subchapter A. GENERAL PROVISIONS (ii) Be as permanent as the previous water supply. PRELIMINARY PROVISIONS (iii) Not require excessive maintenance. § 88.1. Definitions. (iv) Provide the owner and the user with as much The following words and terms, when used in this control and accessibility as exercised over the pre- chapter, have the following meanings, unless the context vious water supply. The use of a public water clearly indicates otherwise: supply as a replacement water supply provides the ***** owner and the user adequate control and accessi- De minimis cost increase—For purposes of bility. § 88.107 (relating to hydrologic balance: water (v) Not result in more than a de minimis cost rights and replacement), a cost increase which increase to operate and maintain. meets one of the following criteria: (2) If the operating and maintenance costs of the (i) Is less than 15% of the annual operating and restored or replacement water supply are more maintenance costs of the previous water supply than a de minimis cost increase, the operator shall that is restored or replaced. provide for the permanent payment of the in- (ii) Is less than $60 per year. creased operating and maintenance costs of the restored or replacement water supply. ***** (3) The requirement contained in this section to Water supply—For the purpose of § 88.27 (relating restore or replace an affected water supply may, to alternative water supply information) and upon approval by the Department, be waived. The § 88.107, an existing or currently designated or waiver shall be in writing on a form prepared by currently planned source of water or facility or the Department. Everyone who possesses an owner- system for the supply of water for human consump- ship interest in the water supply shall sign the tion or for agricultural, commercial, industrial or waiver. other uses. Water supply survey—The collection of reasonably (b) Presumption of liability for pollution. available information for a water supply to estab- (1) It shall be presumed, as a matter of law, that a lish: surface mine operator or mine owner is responsible (i) The location, type and use of the water supply. without proof of fault, negligence or causation for all pollution, except bacteriological contamination, (ii) The chemical and physical characteristics of and diminution of public or private water supplies the water. within 1,000 linear feet (304.80 meters) of the (iii) The quantity of the water. boundaries of the areas bonded and affected by coal mining operations, areas of overburden re- (iv) The physical description of the water supply, moval and storage and support areas except for including the depth and diameter of the well, haul and access roads. length of casing and description of the treatment and distribution systems. (2) If surface mining activities are conducted on (v) Hydrogeologic data such as the static water areas which are not permitted or bonded, it shall level and yield determinations. be presumed, as a matter of law, that the surface mine operator or mine owner is responsible with- ***** out proof of fault, negligence or causation for all Subchapter B. SURFACE ANTHRACITE COAL pollution, except bacteriological contamination and MINES: MINIMUM ENVIRONMENTAL diminution of public or private water supplies PROTECTION PERFORMANCE STANDARDS within 1,000 linear feet (304.80 meters) of the land affected by the surface mining activities. § 88.107. Hydrologic balance: water rights and replacement. (c) Defense to presumption of liability. There are only five defenses to the presumption of liability (a) Water supply replacement obligations. The op- provided in subsection (b). For any of the five erator of any mine [ which ] or a person engaged in defenses to apply, a mine operator or mine owner government-financed reclamation who affects a wa- shall affirmatively prove by a preponderance of ter supply by contamination, pollution, diminution or evidence that one or more of the following condi- interruption shall restore or replace the affected water tions exists:

PENNSYLVANIA BULLETIN, VOL. 27, NO. 18, MAY 3, 1997 2252 PROPOSED RULEMAKING

(1) The landowner, water supply user or water supply company who claims pollution or diminu- supply company refused to allow the surface mine tion of a water supply from pursuing any other operator or mine owner reasonable access to con- remedy that may be provided for in law or in duct a water supply survey prior to commencing equity. surface mining activities. (i) Issuance of new permits. A Department order (2) The water supply is not within 1,000 linear issued under this section which is appealed, will feet (304.80 meters) of: not be used to block issuance of new permits or the release of bonds when a stage of reclamation work (i) The boundaries of areas bonded and affected is completed. by coal mining operations, areas of overburden removal and storage and areas used for support but (j) Departmental authority. Nothing in this sec- not including haul and access roads. tion limits the Department’s authority under section 4.2(f)(1) of SMCRA (52 P. S. § 1396.4b(f)(1)). (ii) The boundaries of areas affected by surface mining activities in areas which are not bonded. (k) Exception. A surface mining operation conducted under a surface mining permit issued by the (3) The pollution or diminution existed prior to Department before February 16, 1993, is not subject the surface mining activities as evidenced by a to subsections (b)—(i) but is subject to subsections water supply survey conducted prior to commenc- (a) and (j). ing surface mining activities and as documented in the approved surface mine permit application sub- § 88.121. Revegetation: general requirements. mitted to the Department prior to permit issuance. ***** (4) The pollution or diminution occurred as a (b) Revegetation shall provide for a diverse, effective result of some cause other than the surface mining and permanent vegetative cover of the same seasonal activities. variety native to the area of land to be affected and capable of self-regeneration and plant succession at least (5) The landowner, water supply user or water equal in extent of cover to the natural vegetation of the supply company refused to allow the surface mine area; except that introduced species may be used in the operator or mine owner reasonable access to deter- revegetation process when desirable and necessary to mine the cause of pollution or diminution or to achieve the approved postmining land use plan. For replace or restore the water supply. areas previously disturbed by surface mining ac- (d) Notification to the Department. The surface tivities that were not reclaimed to the standards of mine operator or mine owner shall notify the De- SMCRA and this chapter, and are proposed to be partment and provide all information which sup- reaffected or redisturbed, the Department may ap- ports a defense to the presumption of liability when prove a vegetative cover which, at a minimum, may one or more of the five defenses to the presumption not be less than the vegetative cover existing be- of liability provided in subsection (c) are met. fore redisturbance and shall be adequate to control (e) Immediate replacement of water supply. If the erosion and achieve the approved postmining land Department finds that immediate replacement of use. an affected water supply used for potable or domes- ***** tic purposes is required to protect public health or Subchapter C. ANTHRACITE BANK REMOVAL safety and the surface mine operator or mine AND RECLAMATION: MINIMUM owner has failed to comply with an order issued ENVIRONMENTAL PROTECTION PERFORMANCE under section 4.2(f) of SMCRA (52 P. S. § 1396.5b(f)), STANDARDS the Department may use moneys from the Surface § 88.209. Vegetation: general requirements. Mining Conservation and Reclamation Fund to restore or replace the affected water supply. ***** (f) Department cost of recovery. The Department (b) Seeding and planting shall provide for a diverse, will cover the costs of restoration or replacement, effective and permanent vegetative cover of the same the costs of temporary water supply and costs seasonal variety native to the area of land to be affected incurred for design and construction of facilities and capable of self-regeneration and plant succession at from the responsible surface mine operator or mine least equal in extent of cover to the natural vegetation of owner. Costs recovered will be deposited in the the area; except that introduced species may be used in surface mining conservation and reclamation fund. the vegetation process when desirable and necessary to achieve the approved postmining land use plan. For (g) Operator cost recovery. A surface mine opera- areas previously disturbed by surface mining ac- tor or mine owner who appeals a Department tivities that were not reclaimed to the standards of order, provides a successful defense during the SMCRA and this chapter, and are proposed to be appeal to the presumptions of liability and is not reaffected or redisturbed, the Department may ap- otherwise held responsible for the pollution or prove a vegetative cover which, at a minimum, may diminution is entitled to seek recovery of reason- not be less than the vegetative cover existing be- able costs incurred, including, but not limited to, fore redisturbance and shall be adequate to control the costs of temporary water supply, design, con- erosion and achieve the approved postmining land struction, restoration or replacement costs, attor- use. ney fees and expert witness fees from the Depart- ment. ***** [Pa.B. Doc. No. 97-724. Filed for public inspection May 2, 1997, 9:00 a.m.] (h) Other remedies. Nothing in this section prevents a landowner, water supply user or water

PENNSYLVANIA BULLETIN, VOL. 27, NO. 18, MAY 3, 1997 2255 PROPOSED RULEMAKING These proposed amendments are the result of the ENVIRONMENTAL Department’s Regulatory Basics Initiative (RBI) which was initiated in August 1995 and Governor Ridge’s QUALITY BOARD Executive Order 1996-1, titled ‘‘Regulatory Review and Promulgation,’’ dated February 6, 1996. Under the RBI, [25 PA. CODE CHS. 86—90] the Department solicited public input concerning existing Coal Mining Permitting and Performance Stan- regulations in the August 19, 1995, Pennsylvania Bulle- dards tin. Comments received by the Department and the Department’s own review of the regulations under the The Environmental Quality Board (Board) proposes to RBI and Executive Order 1996-1 have identified the amend Chapters 86—90. The amendments address coal sections in this rulemaking which are more stringent mine permitting requirements and various performance than corresponding Federal requirements without a com- standards relating to coal mining. pelling and articulable State interest, imposing disproportionate economic costs, being too prescriptive or technol- This proposal was adopted by the Board at its meeting ogy specific or lacking clarity. Additionally, the of February 18, 1997. Department proposed to insert, when appropriate, equiva- A. Effective Date lent measures in standard international metric system units. These amendments will go into effect upon publication These proposed regulatory changes were reviewed and in the Pennsylvania Bulletin as final rulemaking. discussed with the Mining and Reclamation Advisory B. Contact Persons Board (MRAB) which is the Department’s advisory body for regulations pertaining to the surface mining of coal. A For further information contact Evan T. Shuster, Bu- draft of the proposed rulemaking was reviewed and reau of Mining and Reclamation, P. O. Box 8461, Room discussed with the MRAB’s Regulation, Legislation and 203 Executive House, Harrisburg, PA 17105-8461, (717) Technical Committee on September 26, 1996. The MRAB 787-7846, or Joseph Pizarchik, Assistant Counsel, Bureau concurred with the proposed rulemaking at its meeting on of Regulatory Counsel, P. O. Box 8464, Rachel Carson October 3, 1996. State Office Building, Harrisburg, PA 17105-8464, (717) 787-7060. Persons with a disability may use the AT&T E. Summary of Regulatory Requirements Relay Service by calling (800) 654-5984 (TDD users) or The following are the sections proposed for change (800) 654-5988 (voice users). This proposal is available along with a brief discussion of the changes. Since most of electronically through the Department of Environmental the proposed changes are being made so as to be no more Protection’s (Department’s) Web site (http://www. stringent than Federal requirements, the corresponding dep.state.pa.us). Federal regulation for each section is also listed. C. Statutory Authority § 86.2. Scope. 30 CFR 700.11 These amendments are adopted under the rulemaking SMCRA’s definition of surface mining activities exempts authority of section 4.2(a) of the Surface Mining Conser- certain types of operations. The scope of this chapter is vation and Reclamation Act (SMCRA) (52 P. S. modified to exempt those operations from meeting the § 1396.4b(a)); section 5(b) of The Clean Streams Law requirements of Chapters 86—90. (CSL) (35 P. S. § 691.5(b)); section 3.2(a) of the Coal § 86.37(a)(4). Criteria for permit 30 CFR 773.15(c)(5) Refuse Disposal Control Act (CRDCA) (52 P. S. approval or denial/hydrologic § 30.53b(a)); and section 1920-A of The Administrative balance. Code of 1929 (71 P. S. § 510-20) which authorizes the The criterion relating to the probable cumulative im- Board to adopt regulations necessary for the Department pacts of mining on the hydrologic balance is revised to to perform its work. require that the mining be designed to prevent ‘‘material’’ D. Background and Purpose damage to the hydrologic balance ‘‘outside’’ the proposed permit area. The current regulation does not include the This proposal amends existing provisions relating to term ‘‘material’’ and includes the term ‘‘within’’ the pro- permitting and performance standards for surface coal posed permit area. This proposed change is made to mining, underground coal mining and coal refuse disposal conform with the language of the corresponding Federal operations. Permitting provisions being amended include regulation and is not intended to lessen the requirements modifying the criteria for permit approval; expanding under the CSL and SMCRA for prevention of pollution to upon circumstances when permit terms may be extended; streams and other waters of this Commonwealth. expanding right of entry requirements to address circumstances where the mineral estate has been severed from § 86.37(a)(6). Criteria for permit approval 30 CFR the surface estate; revising a permit applicant’s proof of or denial/historic resources. 761.11(c) publication requirement and adding an additional land and 773.15(c) use category. Performance standards being amended re- The criterion that permit applicants demonstrate that late to coal exploration, casing and sealing drill holes, mining activities will not adversely affect historic re- topsoil removal, general hydrology and effluent limits, use sources is modified to apply only to historic places of explosives, grading, postmining land use, haul roads actually listed on the National Register of Historic Places. and access roads and auger mining. The proposed amend- The Department must still take into account the effect of ments also modify the regulatory scope of Chapters the proposed mining activities on properties listed on or 86—90 and amend provisions relating to bond release eligible for listing on the National Register of Historic after revegetation and bond release for remining areas Places. In addition, the Department’s consideration must with pre-existing pollutional discharges. be documented in writing and may be supported by

PENNSYLVANIA BULLETIN, VOL. 27, NO. 18, MAY 3, 1997 2256 PROPOSED RULEMAKING appropriate permit conditions or operational plan changes successful revegetation associated with Stage 2 bond to protect historic resources or a documented decision release. This proposed amendment applies a more general that no additional protective measures are necessary. standard to be consistent with section 4(b)(2) of SMCRA This proposed amendment conforms the regulation to the and the corresponding Federal regulations. corresponding Federal regulations. §§ 87.1, 88.1 and 90.1. Definitions. 30 CFR 701.5 § 86.40(b). Permit term. 30 CFR 773.19(e)(2)(ii) A category of ‘‘unmanaged natural habitat’’ is proposed This subsection requires operators to begin mining to be added to the list of recognized land uses included in activities within 3 years of issuance of a permit unless the definition of ‘‘land use.’’ This category is equivalent to the operator shows that additional time is needed because the Federal land use definition for ‘‘undeveloped land or of litigation. This proposed amendment expands the no current use or land management.’’ This change pro- reasons for extending the start of mining activities to vides a land use category which allows permit applicants include conditions which are beyond the control of the to more realistically identify lands which remain in a operator. This change matches similar provisions in the basically unmanaged natural state. The change will pro- corresponding Federal regulation. vide more flexibility in approving land use changes. § 86.64. Right of entry. 30 CFR 778.15 §§ 87.77(a), 88.56(a), 88.492(f)(1), 30 CFR 780.31(a) The requirement for permit applicants to demonstrate 89.38(b) and 90.40(a). Protection and 784.17(a) right of entry to conduct coal mining activities is of parks and historic places. amended to address circumstances where the mineral estate has been severed from the surface estate. Also, The requirement for a permit application to contain a language is added to clarify the requirements for describ- description of measures for preventing or minimizing ing the documents which provide the applicant’s right of adverse impacts to public parks or historic places is entry. The corresponding Federal regulation contains the proposed to be changed to apply only to publicly owned same requirements. The proposed amendment also clearly parks. There are no changes made to the protections states that the Federal requirements for right of entry afforded historic places actually listed on the National are in addition to those State law requirements arising Register of Historic Places. However, consistent with under section 4 of SMCRA (52 P. S. § 1396.4). Federal regulations, the Department retains the authority to require the applicant to protect places eligible for § 86.70. Proof of publication. 30 CFR 778.21 listing on the National Register of Historic Places. These These proposed amendments allow a permit applicant proposed amendments are made so as to be no more to demonstrate its intent to publish a notice in a local restrictive than the corresponding Federal regulations. newspaper instead of submitting a statement from the newspaper. Additionally, the applicant may submit a copy §§ 87.93, 88.83, 88.283 and 90.93. 30 CFR 816.13 of each weekly newspaper advertisement (that is, 4 Casing and sealing of drill holes. and 817.13 copies) as an alternative to submitting a notarized proof The wording within §§ 87.93(a)(2) and 88.83(a)(2) for of publication. These proposed changes conform to the protection of the hydrologic balance is proposed to be corresponding Federal regulation. changed from ‘‘prevent to the maximum extent possible’’ § 86.132. Definitions (relating to 30 CFR 701.5 to ‘‘minimize’’ disturbance to the prevailing hydrologic coal exploration). balance. These proposed changes are not intended to lessen the requirements under the CSL and SMCRA for The definition of ‘‘substantially disturb,’’ in the context prevention of pollution to streams and other waters of of coal exploration, is proposed to be modified to apply to this Commonwealth. The proposed changes are made significant impacts upon land, air or water resources. The solely for purposes of having these sections conform with current language refers to any impacts. The amended the current language in §§ 88.283 and 90.93 and the language is consistent with the Federal definition of language of the corresponding Federal regulations. ‘‘substantially disturb.’’ § 86.133. General requirements. 30 CFR 772.11(a) The requirement in §§ 87.93(e), 88.83(e), 88.283(e) and and 772.12(a) 90.93(e) for having oil and gas well operators agree in writing to mining activities closer than 125 feet to a well The limit for coal removal during coal exploration is is proposed to be deleted. The corresponding Federal proposed to be changed from less than 250 tons (226 regulations do not contain this requirement. Also, the metric tons) of coal to 250 tons (226 metric tons) or less reference in § 90.93(d) to the act regulating oil and gas as found in Federal regulations. well operations is proposed to be corrected. § 86.134. Coal exploration performance 30 CFR 815.15 §§ 87.97 and 90.97. Topsoil removal. 30 CFR 816.22 and design standards. and 817.22 Requirements for measuring environmental characteristics during coal exploration, specifying who has responsi- The provisions which allow for supplementing or substi- bility for revegetating lands disturbed during exploration tuting other materials for subsoil are proposed to be activities and placing limitations on vehicular travel on changed to apply to topsoil in keeping with the corre- land where coal exploration occurs are proposed to be sponding Federal regulations. deleted. These proposed deletions eliminate overly pre- § 87.101(a), 88.91(a), 88.291(a) 30 CFR 816.41(a) scriptive requirements. and 90.101(a). Hydrologic balance/ and 817.41(a) § 86.174(b). Standards for release 30 CFR 800.40(c)(2) general requirements. of bonds. The wording that calls for mining activities to be This subsection is proposed to be revised to clarify the planned and conducted to protect the hydrologic balance standards for Stage 2 reclamation bond release. The is proposed to be amended. The phrase ‘‘prevent to the current wording of this section has the potential for being maximum extent possible’’ has been replaced with ‘‘mini- misinterpreted relative to application of the standards for mize’’ as it concerns disturbances to the prevailing hydro-

PENNSYLVANIA BULLETIN, VOL. 27, NO. 18, MAY 3, 1997 PROPOSED RULEMAKING 2257 logic balance within the permit area and adjacent area. §§ 87.144 and 88.118. Backfilling 30 CFR 816.102 Also, a requirement for preventing material damage and grading/final slopes. and 817.102 outside the permit area is proposed to be added. These proposed amendments are made solely to conform with Performance standards for construction of terraces and the language of the corresponding Federal regulations for final grading are proposed to be deleted. These and are not intended to lessen the requirements under proposed deletions eliminate unnecessarily prescriptive the CSL and SMCRA for prevention of pollution to requirements. streams and other waters of this Commonwealth. §§ 87.146 and 89.87. Regrading or 30 CFR 816.95 stabilizing rills and gullies. and 817.95 §§ 87.102(a), 88.92(a), 88.187(a), 30 CFR 816.42 88.292(a), 89.52(c) and 90.102(a). and 817.42 The requirement to fill, grade or otherwise stabilize Hydrologic balance/effluent standards. 40 CFR Part 434 rills and gullies deeper than 9 inches (23 centimeters) is more prescriptive than Federal requirements. The lan- The effluent limit for manganese is deleted for surface guage of this section is proposed to be rewritten to water runoff from storm events of less than or equal to a require that any rill or gully which is disruptive to the 10-year, 24-hour storm to be consistent with the corre- postmining land use or causing or contributing to a sponding Federal regulations. violation of water quality standards be filled, regraded or §§ 87.106, 88.96, 88.191, 88.296 and 30 CFR 816.45 otherwise stabilized. 90.106. Hydrologic balance/sediment and 817.45 §§ 87.159, 88.133, 88.221, 88.334 30 CFR 816.133 control measures. and 89.88. Postmining land use. and 817.133 The wording which provides for the design, construction The requirements to consider premining land manage- and maintenance of sediment control measures is pro- ment practices and historic use of the land when compar- posed to be changed from ‘‘prevent erosion to the maxi- ing premining to postmining land use, for obtaining a mum extent possible’’ to ‘‘minimize erosion to the extent written notarized request from a landowner for an alter- possible,’’ and from ‘‘prevent to the maximum extent nate land use, and to have plans for the postmining land possible’’ to ‘‘prevent to the extent possible’’ contributions use designed by a registered engineer are more stringent of sediment to stream flow or runoff outside the affected than the Federal regulations without a compelling State area. These proposed changes are made solely to conform interest and, therefore, are proposed to be deleted. with the language of the corresponding Federal regula- §§ 87.160, 88.138(a), 88.231(a), 30 CFR 816.150(b) tions and are not intended to lessen the requirements 88.335(a), 89.90(a) and 90.134(a). and 817.150(b) under the CSL and SMCRA for prevention of pollution to Haul roads and access roads. streams and other waters of this Commonwealth. The phrase ‘‘prevent to the maximum extent possible’’ § 87.126(a)(1). Use of explosives/ 30 CFR 816.64(b)(1) erosion and other pollution or damage is proposed to be public notice of blasting schedule. replaced with the Federal language to ‘‘control or prevent’’ erosion or other pollution or damage. These proposed The requirement for the blasting schedule to be pub- amendments are not intended to lessen the requirements lished in a newspaper is proposed to be changed from not under the CSL and SMCRA for prevention of pollution to more than 20 days to not more than 30 days before streams and other waters of this Commonwealth. beginning blasting. This proposed amendment is made so as to be no more restrictive than the corresponding §§ 87.166, 88.144, 88.237, 30 CFR 816.150(c)—(f) Federal regulations. 88.341 and 90.140. Haul and 817.150(c)—(f) road and access road/restoration. § 87.127. Use of explosives/ 30 CFR 816.67(c) surface blasting requirements. and 817.67(c) The time period for meeting various haul road and access road restoration standards is proposed to be The standard for fly rock from blasting is proposed to changed from ‘‘immediately’’ to ‘‘as soon as practicable’’ be changed from no fly rock beyond the ‘‘line of property after the road is no longer needed for the mining owned or leased by the permittee’’ to no fly rock beyond activities. Also, the standard for restoration is proposed to the ‘‘permit boundary.’’ This change conforms with Fed- be changed from ‘‘ripping, plowing and scarifying’’ the eral requirements. roadbed to ‘‘ripping or scarifying’’ the roadbed. These changes are proposed so that the language of this section §§ 87.138, 89.65, 89.82 and 90.150. 30 CFR 816.97 would be no more stringent than the corresponding Protection of fish, wildlife and and 817.97 Federal regulations. related environmental values. §§ 87.173(a), 89.67(a) and 90.147(a). 30 CFR 816.181 The language dealing with protection of fish, wildlife Support facilities and utility installations. and 817.181 and related environmental values is proposed to be amended by replacing the word ‘‘prevent’’ disturbances These proposed amendments delete the phrase ‘‘de- and adverse impacts with the term ‘‘minimize to the signed, constructed, maintained and used to prevent to extent possible’’ relative to disturbances and adverse the extent possible’’ which pertains to damage to fish, impacts on these protected resources. Additional proposed wildlife and related environmental values. The proposed wording changes provide for roads to be located and wording requires support facilities to be ‘‘located, main- operated to ‘‘avoid or minimize’’ instead of ‘‘prevent’’ tained and used to minimize damage’’ to these resources. impacts on fish and wildlife, and to ‘‘avoid and enhance The proposed language is equivalent to the terminology in where practicable or restore’’ instead of ‘‘prevent’’ distur- the corresponding Federal regulations. bances to habitats of unusually high value to fish and § 87.174. Steep slope operations. 30 CFR 816.107 wildlife. The proposed new terminology is intended solely and 817.107 to track the language of the corresponding Federal regulations and is not expected to result in less protection of The requirement prohibiting unlined or unprotected these resources. drainage channels on backfilled areas with steep slopes

PENNSYLVANIA BULLETIN, VOL. 27, NO. 18, MAY 3, 1997 2258 PROPOSED RULEMAKING unless approved by the Department is proposed to be The benefit to the Department will be a potential cost deleted. This requirement is unnecessarily prescriptive savings of $20,000 annually. The savings to State govern- and is not found in the Federal regulations dealing with ment results from a general reduction in permit review steep slope operations. efforts because the extraction of coal as an incidental part of a State government financed road construction project § 87.176. Auger mining. 30 CFR 819.15 or the extraction of coal under a government financed reclamation contract does not require a permit. The Existing subsection (d), which prohibits auger mining to annual savings is based on an estimated 5 road projects the rise of the coal unless the mine operator demonstrates the augering will not pose a threat of water pollution, is and 5 reclamation contracts at a savings of $2,000 per proposed to be deleted since it is redundant with the project or contract (10 projects and contracts x $2,000 per provisions of subsection (e). The proposed amendment project and contract = $20,000). eliminates a technology specific requirement and imposes the obligation to make certain demonstrations with re- The benefit to local government will be a potential cost spect to adverse water quality impacts, fill stability, savings of $10,000 annually. The savings to local govern- resource recovery and subsidence on persons conducting ment results from not having to obtain a permit for the surface mining activities. extraction of coal as an incidental part of local government financed road construction. The annual savings of §§ 87.209 and 88.509. Criteria and No equivalent $10,000 is based upon an estimated 5 road projects per schedule for bond release on Federal regulation year at a savings of $2,000 per project (5 projects x $2,000 pollution abatement areas. per project = $10,000). These sections relate to bond release on areas with Compliance Costs preexisting pollutional discharges when remining was authorized under Chapter 87, Subchapter F and Chapter The proposed changes will impose no additional compli- 88, Subchapter G. The maximum bond amount which ance costs on the regulated community. may be released for completing backfilling, regrading and drainage control on pollution abatement areas is changed Compliance Assistance Plan from 50% to 60%. Also, the maximum of 35% of the bond The Department will provide written notification of the amount which may be released for completing revegeta- changes to the coal mining industry. If necessary or tion is replaced with a requirement that the Department requested, regional meetings with the industry will be retain an amount of bond sufficient to reestablish vegeta- arranged. tion. The proposed bond release amounts are equivalent to the standard Stage 1 and Stage 2 bond releases. Other G. Sunset Review modifications deal with the time period for demonstrating that the required standards for pollution loads have been These final-form regulations will be reviewed in accord- achieved. In addition, the requirement relating to the ance with the sunset review schedule published by the 5-year period of liability on the bond is clarified. These Department to determine whether the regulations effec- proposed amendments are made to reduce requirements tively fulfill the goals for which they were intended. which impose disproportionate economic costs, to provide clarification and to conform with the 1996 amendments H. Regulatory Review (Act 43) to SMCRA. Under section 5(a) of the Regulatory Review Act (71 F. Benefits, Costs and Compliance P. S. § 745.5(a)), on April 16, 1997, the Department submitted a copy of the proposed rulemaking to the Executive Order 1996-1 requires a cost/benefit analysis Independent Regulatory Review Commission (IRRC) and of the proposed amendments. the Chairpersons of the Senate and House Environmental Resources and Energy Committees. In addition to submit- Benefits ting the proposed amendments, the Department has provided IRRC and the Committees with a copy of a These amendments are proposed for purposes of mak- detailed Regulatory Analysis Form prepared by the De- ing the regulations no more stringent than Federal partment. A copy of this material is available to the requirements and to modify regulations imposing dispro- public upon request. portionate economic costs, lacking clarity or being too prescriptive or technology specific. The coal mining indus- If IRRC has objections to any portion of the proposed try, the Department and local governments will benefit amendments, it will notify the Department within 30 from these proposed amendments. days of the close of the public comment period. The notification shall specify the regulatory review criteria The benefit to the regulated community will be a which have not been met by that portion. The Regulatory potential cost savings of approximately $28,000 annually. Review Act specifies detailed procedures for review by the The savings to the regulated community is based Department, the Governor and the General Assembly upon: (1) eliminating the requirement to monitor and test before final publication of the regulations. runoff water for manganese which amounts to an estimated annual savings of $24,000 based upon an esti- I. Public Comments mated 1,000 water discharges monitored 4 times a year at a cost of $6 per sample (1,000 discharges x 4 samples x Written Comments—Interested persons are invited to $6 per sample = $24,000); and (2) expanding the circum- submit written comments, suggestions or objections re- stances upon which a permit term may be extended garding the proposed amendments to the Environmental which amounts to an estimated annual savings of $4,000 Quality Board, P. O. Box 8477, Harrisburg, PA 17105- based upon an estimated 2 permits per year at a cost of 8477 (express mail: Rachel Carson State Office Building, $2,000 per permit application (2 permits x $2,000 per 15th Floor, 400 Market Street, Harrisburg, PA 17101- permit application = $4,000). 2301). Comments received by facsimile will not be ac-

PENNSYLVANIA BULLETIN, VOL. 27, NO. 18, MAY 3, 1997 PROPOSED RULEMAKING 2259 cepted. Comments, suggestions or objections must be Annex A received by the Board by July 2, 1997 (within 60 days of TITLE 25. ENVIRONMENTAL PROTECTION publication in the Pennsylvania Bulletin). Interested persons may also submit a summary of their comments to PART I. DEPARTMENT OF the Board. The summary may not exceed one page in ENVIRONMENTAL PROTECTION length and must also be received by July 2, 1997 (within Subpart C. PROTECTION OF NATURAL 60 days of publication in the Pennsylvania Bulletin). The RESOURCES one-page summary will be provided to each member of ARTICLE I. LAND RESOURCES the Board in the agenda packet distributed prior to the meeting at which the final-form regulations will be CHAPTER 86. SURFACE AND UNDERGROUND considered. MINING OF COAL: GENERAL Subchapter A. GENERAL PROVISIONS Electronic Comments—Comments may be submitted electronically to the Board at [email protected]. § 86.2. Scope. state.pa.us and must also be received by the Board by (a) This chapter specifies certain general procedures July 2, 1997. A subject heading of the proposal and a and rules for those persons who engage in coal mining return name and address must be included in each activities. This chapter[ , ] together with Chapters 87—90 transmission. If an acknowledgement of electronic com- [ specify ] specifies the procedures and rules for those ments is not received by the sender within 2 working who engage in coal mining activities. days, the comments should be retransmitted to ensure receipt. (b) This chapter together with Chapters 87—90 applies to all coal mining activities, with the follow- J. Public Hearings ing exceptions: The Board will hold two public hearings for the purpose (1) Extraction of coal or coal refuse removal un- of accepting comments on this proposal. They will be held der a government-financed reclamation contract as follows: for the purposes of section 4.8 of the Surface Mining Conservation and Reclamation Act (52 P. S. June 10, 1997—1 p.m.— § 1396.4h). Department of Environmental Protection (2) Extraction of coal his an incidental part of Greensburg District Office Federal, State or local government financed high- Armbrust Professional Center, Building C way construction project. Route 819 South Greensburg, PA (3) The reclamation of abandoned mine lands not involving extraction of coal or excess spoil disposal June 12, 1997—10 a.m.— under a written agreement with the property Department of Environmental Protection owner and approved by the Department. Pottsville District Office (4) Activities exempted from regulation as sur- 5 West Laurel Boulevard face mining by the United States Office of Surface Pottsville, PA Mining Reclamation and Enforcement at 30 CFR 707 (relating to exemption for coal extraction lim- Persons wishing to present testimony at a hearing are ited to government financed highway or other con- requested to contact Nancy Roush at the Environmental struction). Quality Board, P. O. Box 8477, Harrisburg, PA 17105- 8477, (717) 787-4526, at least 1 week in advance of the Subchapter B. PERMITS REVIEW, PUBLIC hearing to reserve a time to present testimony. Oral PARTICIPATION AND APPROVAL, DISAPPROVAL testimony is limited to 10 minutes for each witness. OF PERMIT APPLICATIONS AND PERMIT TERMS Witnesses are requested to submit three written copies of AND CONDITIONS their oral testimony to the hearing chairperson at the § 86.37. Criteria for permit approval or denial. hearing. Organizations are limited to designating one witness to present testimony on their behalf at each (a) A permit or revised permit application will not be hearing. approved unless the application affirmatively demonstrates and the Department finds, in writing, on the basis Persons in need of accommodations as provided for in of the information in the application or from information the Americans With Disabilities Act of 1990 should otherwise available, which is documented in the approval, contact Nancy Roush directly at (717) 787-4526 or and made available to the applicant, that the following through the Pennsylvania AT&T Relay Service at (800) exist: 654-5984 (TTD) to discuss how the Department may ***** accommodate their needs. JAMES M. SEIF, (4) The assessment of the probable cumulative impacts Chairperson of all anticipated coal mining in the general area on the hydrologic balance as described in § 87.69, § 88.49, Fiscal Note: 7-307. (1) Surface Mining Conservation § 89.36 or § 90.35 has been made by the Department, and Reclamation Fund; (2) Implementing Year 1997-98 is and the activities proposed under the application have $3,000; (3) 1st Succeeding Year 1998-99 is $3,000; 2nd been designed to prevent material damage to the hydro- Succeeding Year 1999-00 is $3,000; 3rd Succeeding Year logic balance [ within and ] outside the proposed permit 2000-01 is $3,000; 4th Succeeding Year 2001-02 is $3,000; area. 5th Succeeding Year 2002-03 is $3,000; (4) Fiscal Year ***** 1996-97 $34,165,000; Fiscal Year 1995-96 $29,758,000; Fiscal Year 1994-95 $31,383,000; (7) Licenses and Fees; (6) The effect of the proposed coal mining activities on (8) recommends adoption. properties listed on or eligible for listing on the National

PENNSYLVANIA BULLETIN, VOL. 27, NO. 18, MAY 3, 1997 2260 PROPOSED RULEMAKING

Register of Historic Places has been taken into account by (c) This section will not be construed to provide the Department. The proposed activities will not ad- the Department with the authority to adjudicate versely affect any publicly owned parks or places included property rights disputes. on [ or eligible for inclusion on ] the National Register of Historic Places, except as provided for in Subchapter D. [ (c) ] (d) *** This finding may be supported in part by inclusion of ***** appropriate permit conditions or operational plan changes to protect historic resources, or a documented decision (3) The requirements of this subsection are in that no additional protective measures are necessary. addition to the information required by subsections (a) and (b). ***** § 86.40. Permit terms. [ (d) ] (e) *** ***** [ (e) ] (f) The information required in [ subsections (b) A permit shall terminate if the permittee has not (a) and (b) ] this section shall be made part of the begun the coal mining activities covered by the permit permit application prior to approval of the bond under within 3 years of the issuance of the permit. However, the Subchapter F (relating to bonding and insurance require- Department may grant reasonable extensions of time for ments). commencement of these activities upon receipt of a written statement showing that the extensions of time § 86.70. Proof of publication. are necessary if litigation precludes the commencement or An application shall contain [ a statement from the threatens substantial economic loss to the permittee or if there are conditions beyond the control and with- newspaper ] an intent to publish and a copy of the out the fault or negligence of the permittee. Re- language to appear in the public notice demonstrat- quests for extensions shall be submitted to the Depart- ing that the advertisement requirement of § 86.31(a) ment prior to expiration of the permit. (relating to public notices of filing of permit applications) is in the process of being satisfied, and prior to the ***** issuance of the permit, but no later than 4 weeks after MINIMUM REQUIREMENTS FOR LEGAL the last date of advertisement, the applicant shall submit FINANCIAL COMPLIANCE AND RELATED a copy of [ advertisement ] the advertisements as INFORMATION required by § 86.31(a) [ and ] or the original notarized § 86.64. Right of entry. proof of publication to the Department. (a) An application shall contain a description of the Subchapter E. COAL EXPLORATION documents upon which the applicant bases his legal right to enter and commence coal mining activities within the § 86.132. Definitions. permit area and whether that right is the subject of The following words and terms, when used in this pending court litigation. The description shall identify subchapter, have the following meanings, unless the the documents by type and date of execution, iden- context clearly indicates otherwise: tify the specific lands to which the document pertains and explain the legal rights claimed by the ***** applicant. Substantially disturb—For purposes of coal exploration, [ (b) The application for a permit shall provide including, but not limited to, to have [ an ] a significant one of the following for lands within the permit impact upon land, air or water resources by activities area: such as blasting, mechanical excavation or altering coal (1) A copy of the written consent of the current or water exploratory holes or wells, construction of roads surface owner to the extraction of coal by surface and other access routes, removal of topsoil or overburden mining methods. and the placement of structures, excavated earth or other debris on the surface of land. (2) A copy of the document of conveyance that expressly grants or reserves the right to extract the § 86.133. General requirements. coal by surface mining methods and an abstract of ***** title relating the documents to the current surface land owner. ] (e) A person who intends to conduct coal exploration in which coal will be removed shall, prior to conducting the (b) Where the private mineral estate to be mined exploration, obtain a permit under this chapter. Prior to has been severed from the private surface estate, removal of coal, the Department may waive the require- an applicant shall also submit one of the following: ments for the permit to enable the testing and analysis of (1) A copy of the written consent of the surface coal properties, if [ less than ] 250 tons (226 metric owner for the extraction of coal by surface mining tons) or less is removed. The removal of more than 250 methods. tons [ or more ] (226 metric tons) of coal during coal (2) A copy of the conveyance that expressly exploration requires a permit under this chapter. grants or reserves the right to extract coal by ***** surface mining methods. § 86.134. Coal exploration performance and design (3) If the conveyance does not expressly grant the standards. right to extract the coal by surface mining methods, documentation that under Pennsylvania law, the The following performance standards are applicable to applicant has the legal authority to extract the coal coal exploration which substantially disturbs the land by those methods. surface:

PENNSYLVANIA BULLETIN, VOL. 27, NO. 18, MAY 3, 1997 PROPOSED RULEMAKING 2261

***** ***** [ (2) The person who conducts coal exploration Land use—Specific uses or management-related activi- shall, to the extent practicable, measure important ties, rather than the vegetation or cover of the land. Land environmental characteristics of the exploration uses may be identified in combination when joint or area during the operations to minimize environ- seasonal uses occur. Changes of land use from one of the mental damage to the area and to provide support- following categories to another shall be considered as a ive information for a permit application that per- change to an alternative land use which is subject to son may submit under this chapter. approval by the Department. Land use may be defined as: (3) ] (2) [ Vehicular travel on other than estab- ***** lished graded and surfaced roads shall be limited (x) Unmanaged natural habitat. Idle land which by the person who conducts coal exploration to does not require a specific management plan after that absolutely necessary to conduct the explora- the reclamation and revegetation have been accom- tion. ] Roads used for coal exploration shall comply plished. with the following: ***** ***** Subchapter D. SURFACE COAL MINES: MINIMUM [ (4) ] (3) *** REQUIREMENTS FOR OPERATION AND [ (5) ] (4) *** RECLAMATION PLAN [ (6) ] (5) [ Revegetation of areas disturbed by § 87.77. Protection of [ public ] publicly owned parks coal exploration shall be performed by the person and historic places. who conducts the exploration, or the person’s (a) For [ public parks or historic places ] publicly agent ] All areas disturbed by coal exploration owned parks or historic places listed on the Na- activities shall be revegetated in a manner that tional Register of Historic Places that may be ad- encourages prompt revegetation and recovery of a versely affected by the proposed operations, each applica- diverse, effective and permanent vegetative cover. tion shall describe the measures to be used to accomplish the following: [ (7) ] (6) *** ***** ***** Subchapter E. SURFACE COAL MINES: MINIMUM (8) (7) *** [ ] ENVIRONMENTAL PROTECTION PERFORMANCE [ (9) ] (8) *** STANDARDS ***** § 87.93. Casing and sealing of drilled holes. [ (10) ] (9) *** (a) Each exploration hole, other drill or borehole, well or other exposed underground opening (except for holes [ (11) ] (10) *** solely drilled and used for blasting) shall be cased, sealed or otherwise managed as approved by the Department in [ (12) ] (11) *** order to: Subchapter F. BONDING AND INSURANCE ***** REQUIREMENTS RELEASE OF BONDS (2) [ Prevent to the maximum extent possible ] Minimize disturbance to the prevailing hydrologic bal- § 86.174. Standards for release of bonds. ance. ***** ***** (b) When the entire permit area or a portion of the (e) A solid barrier of undisturbed earth, 125 feet (38 permit area meets the following standards, Stage 2 meters) in radius shall be maintained around all oil and reclamation has been achieved: gas wells, except in the case of one of the following: (1) Topsoil has been replaced and revegetation has been successfully established in accordance with the ***** approved reclamation plan [ and the standards for the (2) The Department approves, in writing, a lesser success of revegetation are met ]. distance, provided: (2) The reclaimed lands are not contributing suspended ***** solids to stream flow or runoff outside the permit area in [ (iii) The well operator agrees, in writing, to the excess of [ their ] the requirements of the acts, regulations thereunder or the permit. lesser distance. ] ***** § 87.97. Topsoil: removal. CHAPTER 87. SURFACE MINING OF COAL ***** Subchapter A. GENERAL PROVISIONS (c) If topsoil is less than 12 inches (30.48 centimeters), a 12-inch (30.48 centimeters) layer which in- § 87.1. Definitions. cludes the topsoil and the unconsolidated materials im- The following words and terms, when used in this mediately below the topsoil shall be removed, segregated, chapter, have the following meanings, unless the context conserved and replaced as the final surface soil layer. If clearly indicates otherwise: the topsoil and the unconsolidated material measure less

PENNSYLVANIA BULLETIN, VOL. 27, NO. 18, MAY 3, 1997 2262 PROPOSED RULEMAKING than 12 inches (30.48 centimeters), the topsoil and all § 87.101. Hydrologic balance: general require- unconsolidated material shall be removed, segregated, ments. conserved and replaced as the final surface soil layer. (a) Surface mining activities shall be planned and ***** conducted to [ prevent, to the maximum extent possible, the minimize disturbances to the prevailing (f) When approved by the Department in writing, other ] materials may be substituted for or used as a supplement hydrologic balance in the permit and adjacent areas and to prevent material damage to the hydrologic bal- to [ subsoil ] topsoil if the operator demonstrates that ance outside the permit area. the resulting soil medium is equal to or more suitable than [ subsoil ] topsoil for sustaining vegetation and ***** soil productivity. In making this demonstration, the De- § 87.102. Hydrologic balance: effluent standards. partment may require chemical and physical analyses of (a) Discharge of water. A person may not allow a the substituted material and [ subsoil ] topsoil. These discharge of water from an area disturbed by coal mining analyses may include determinations of pH, net acidity or activities, including areas disturbed by mineral prepara- alkalinity, phosphorus, potassium, texture class, field site tion, processing or handling facilities which exceeds the trials or greenhouse tests, or other analyses as required following groups of effluent criteria. The effluent limita- by the Department. tions shall be applied under subsection (b).

Group A 30-day Daily Instantaneous Parameter Average Maximum Maximum iron (total) 3.0 mg/l 6.0 mg/l 7.0 mg/l manganese (total) 2.0 mg/l 4.0 mg/l 5.0 mg/l suspended solids 35 mg/l 70 mg/l 90 mg/l pH1 greater than 6.0; less than 9.0 alkalinity greater than acidity1 1 This parameter is applicable at all times Group B Parameter Instantaneous Maximum iron (total) 7.0 mg/l [ manganese (total) ][5.0 mg/l ] settleable solids 0.5 ml/l pH greater than 6.0; less than 9.0 alkalinity greater than acidity Group C Parameter Instantaneous Maximum pH greater than 6.0; less than 9.0 alkalinity greater than acidity *****

§ 87.106. Hydrologic balance: sediment control general circulation in the locality of the proposed site, at measures. least 10 days, but not more than [ 20 ] 30 days, before Appropriate sediment control measures shall be de- beginning a blasting program in which blasts that use signed, constructed and maintained using the best tech- more than 5 pounds of explosives or blasting agents are nology currently available to: detonated. (1) Prevent to the [ maximum ] extent possible contri- ***** butions of sediment to streamflow or to runoff outside the affected area. § 87.127. Use of explosives: surface blasting re- ***** quirements. (3) [ Prevent ] Minimize erosion to the [ maximum ] ***** extent possible. (f) Requirements for blasting are as follows: ***** ***** § 87.126. Use of explosives: public notice of blasting schedule. (5) Flyrock, including blasted material traveling along the ground, may not be cast from the blasting vicinity (a) Blasting schedule publication. more than one-half the distance to the nearest dwelling (1) Each person who conducts surface mining activities or other occupied structure and in no case beyond the shall publish a blasting schedule in a newspaper of [ line of property owned or leased by the permit-

PENNSYLVANIA BULLETIN, VOL. 27, NO. 18, MAY 3, 1997 PROPOSED RULEMAKING 2263 tee ] permit boundary, or beyond the area or regulated or placement along the contour is hazardous to access required under subsection (d). equipment operators, then grading, preparation or placement in a direction other than generally par- ***** allel to the contour may be used. In all cases § 87.138. Protection of fish, wildlife and related grading, preparation or placement shall be ] con- environmental values. ducted in a manner which minimizes erosion and pro- (a) A person conducting surface mining activities shall, vides a surface for replacement of topsoil which will to the extent possible using the best technology cur- minimize slippage. rently available: § 87.146. Regrading or stabilizing rills and gullies. (1) [ Prevent ] Minimize disturbances and adverse impacts of the activities on fish, wildlife and related [ When a rill or gully deeper than 9 inches forms environmental values, and achieve enhancement of the in areas that have been regraded and planted, the resources when practicable. rill and gully shall be filled, graded or otherwise stabilized and the area reseeded or replanted under (2) Locate and operate haul and access roads to [ pre- §§ 87.147—87.153, 87.155 and 87.156. The Depart- vent ] avoid or minimize impacts to fish and wildlife ment will specify that a rill or gully of lesser size be species or other species protected by State or Federal law. stabilized and the area reseeded or replanted if the rill or gully is disruptive to the approved postmin- (3) [ Prevent ] Avoid disturbance to, enhance where ing land use or may result in additional erosion practicable, or restore, habitats of unusually high and sedimentation. The regrading or stabilization value for fish and wildlife. of a rill or gully to include the reseeding or replant- ***** ing shall be completed by the first normal period for favorable planting as established within (b) A person who conducts surface mining activities § 87.148 (relating to revegetation: timing), except a shall promptly report to the Department the presence in rill or gully contributing to impacts outside the the permit area of threatened or endangered species permit area or a rill or gully occurring after re- under State or Federal laws of which that person becomes moval of erosion and sedimentation control struc- aware and which was not previously reported to the tures which shall be stabilized immediately. Department by that person. Upon notification, the De- ] partment will consult with the Game Commission or the (a) Exposed surface areas shall be protected and Fish and Boat Commission and appropriate Federal fish stabilized to effectively control erosion and air and wildlife agencies and, after consultation, will identify pollution attendant to erosion. whether, and under what conditions, the operator may proceed. (b) Rills and gullies, which form in areas that ***** have been regraded and topsoiled and which do one of the following shall be filled, regraded or § 87.144. Backfilling and grading: final slopes. otherwise stabilized: ***** (1) Disrupt the approved postmining land use or (c) On approval by the Department in order to conserve the reestablishment of the vegetative cover. soil moisture, ensure stability, and control erosion on final graded slopes, cut and fill terraces may be allowed if the (2) Cause or contribute to a violation of water terraces are compatible with the approved postmining quality standards for receiving streams. land use and are substitutes for construction of lower (c) For the areas listed in subsection (b), the grades on the reclaimed lands. [ The terraces shall topsoil shall be replaced and the areas shall be meet the following requirements: reseeded or replanted. (1) The width of the individual terrace bench shall not be less than 20 feet. § 87.159. Postmining land use. (2) The vertical distance between terraces shall ***** be as approved by the Department to prevent excessive erosion and to provide long-term stability. (b) The premining use of land to which the postmining land use is compared shall be determined by the follow- (3) The slope of the terrace outslope may not ing: exceed 1v:2h—50%. Outslopes which exceed 1v:2h— 50% may be approved, if they have a minimum ***** static safety factor of more than 1.3, provide adequate control over erosion, and closely resemble [ (3) The postmining land use for land that has the surface configuration of the land prior to min- received improper management shall be judged on ing. In no case may highwalls be left as part of the basis of the premining use of surrounding lands terraces. that have received proper management. (4) Culverts and underground rock drains may be (4) The postmining land use of land which was used on the terrace only when approved by the changed within 5 years of the beginning of mining Department. ] shall be judged on the basis of the historic use of ***** the land as well as its use immediately preceding mining. ] (f) All final grading, preparation of overburden before replacement of topsoil, and placement of topsoil shall be (c) Alternative land uses may be approved by the [ done along the contour to minimize subsequent Department after consultation with the landowner or the erosion and instability. If the grading, preparation, land management agency having jurisdiction over the

PENNSYLVANIA BULLETIN, VOL. 27, NO. 18, MAY 3, 1997 2264 PROPOSED RULEMAKING lands and after determining that the following criteria mine- site, coal storage facilities, equipment storage are met: facilities, fan buildings, hoist buildings, preparation ***** plants, sheds, shops and other buildings shall be [ designed, constructed or reconstructed and located to (2) [ The owner of the surface requests in a nota- prevent or control erosion and siltation, water rized written statement that such alternative land pollution, and damage to public or private prop- use be approved. ] The proposed postmining land erty. Support facilities shall be designed, con- use is reasonably likely to be achieved which may structed or reconstructed, maintained and used in be demonstrated by one or more of the following or a manner which prevents, to the maximum extent other similar criteria: possible using the best technology currently available: [ (3) ] (i) *** (1) Damage to fish, wildlife and related environ- [ (4) ] (ii) *** mental values. (5) (iii) *** [ ] (2) Erosion and additional contributions of sus- [ (6) Plans for the postmining land use are de- pended solids to streamflow or runoff outside the signed and certified by a registered professional permit area. Any such contributions may not be in engineer in conformance with professional stan- excess of limitations of State or Federal law. ] dards established to assure the stability, drainage located, maintained and used in a manner that does and configuration necessary for the intended use of the following: the site. ] (1) Prevents or controls erosion and siltation, [ (7) ] (3) *** water pollution, and damage to public or private property. [ (8) ] (4) *** (2) To the extent possible using the best technol- [ (9) ] (5) *** ogy currently available: § 87.160. Haul roads and access roads. (i) Minimizes damage to fish, wildlife and related (a) Haul roads and access roads shall be designed, environmental values. constructed and maintained to [ prevent, to the maxi- (ii) Minimizes additional contributions of sus- mum extent possible, ] control or prevent erosion pended solids to streamflow or runoff outside the and [ to prevent ] contributions of sediment to streams permit area. These contributions may not be in or runoff outside the affected area; air and water pollu- excess of limitations of State or Federal law. tion; damage to fish and wildlife or their habitat; and flooding and damage to public or private property. To ***** ensure environmental protection appropriate for their § 87.174. Steep slope operations. planned duration and use, including consideration of the type and size of equipment used, the design and construc- ***** tion or reconstruction of roads shall incorporate appropriate limits for grade, width, surface materials, surface [ (g) Unlined or unprotected drainage channels drainage control, culvert placement and culvert size, in may not be constructed on the backfilled areas accordance with current, prudent engineering practices unless approved by the Department as stable and and necessary design criteria established by the Depart- not subject to erosion. ] ment. Upon completion of the associated surface mining activities, the area disturbed by the road shall be restored § 87.176. Auger mining. in accordance with § 87.166 (relating to haul roads and access roads: restoration) unless retention of the road ***** and its maintenance plan is approved as part of the postmining land use. [ (d) Auger mining operations may not be conducted to the rise of the coal unless the person who ***** conducts mining activities demonstrates to the sat- § 87.166. Haul roads and access roads: restoration. isfaction of the Department that drainage from the auger hole will not pose a threat of pollution to Unless the Department approves retention of a road as surface waters and will comply with § 87.102 (relat- suitable for the approved postmining land use in according to hydrologic balance: effluent standards). ] ance with § 87.159 (relating to postmining land use), [ immediately ] as soon as practicable after the road [ (e) ] (d) The Department will prohibit auger mining is no longer needed for the associated surface mining [ if it determines that one of ] unless the person activities: conducting the surface mining activities demon- ***** strates, the following [ applies ]: (4) Roadbeds shall be ripped , plowed and or scari- [ ] (1) Adverse water quality impacts [ cannot ] can be fied. prevented or corrected. ***** (2) Fill stability [ cannot ] can be achieved. § 87.173. Support facilities and utility installations. (a) Support facilities required for, or used incidentally (3) The [ prohibition ] auger mining is necessary to to, the operation of the mine, including, but not limited maximize the utilization, recoverability or conservation of to, mine buildings, coal loading facilities at or near the the solid fuel resources.

PENNSYLVANIA BULLETIN, VOL. 27, NO. 18, MAY 3, 1997 PROPOSED RULEMAKING 2265

(4) Subsidence resulting from auger mining [ may ] CHAPTER 88. ANTHRACITE COAL will not disturb or damage powerlines, pipelines, build- Subchapter A. GENERAL PROVISIONS ings or other facilities. PRELIMINARY PROVISIONS Subchapter F. SURFACE COAL MINES: MINIMUM § 88.1. Definitions. REQUIREMENTS FOR REMINING AREAS WITH POLLUTIONAL DISCHARGES The following words and terms, when used in this chapter, have the following meanings, unless the context § 87.209. Criteria and schedule for release of bonds clearly indicates otherwise: on pollution abatement areas. ***** (a) The Department will release up to [ 50 ] 60% of the amount of bond for the authorized pollution abatement Land use—Specific uses or management-related activi- area if the applicant demonstrates and the Department ties, rather than the vegetation or cover of the land. Land finds that: uses may be identified in combination when joint or seasonal uses occur. A change of land use from one of the ***** following categories to another shall be considered as a (4) The operator has not caused degradation of the change to an alternative land use which is subject to approval by the Department. The term is further defined baseline pollution load [ for ] at any time during a as: period of [ a minimum of ] 6 months prior to the submittal of the request for bond release under this ***** subsection and until the bond release is approved as (x) Unmanaged natural habitat. Idle land which shown by all ground and surface water monitoring con- does not require a specific management plan after ducted by the permittee under § 87.206(1) (relating to the reclamation and revegetation have been accom- operational requirements) or conducted by the Depart- plished. ment. ***** ***** § 88.56. Protection of [ public ] publicly owned parks (b) The Department will release an additional amount and historic places. [ not to exceed 35% of the amount of bond for the (a) For [ public parks or historic places ] publicly authorized pollution abatement area if the appli- owned parks or historic places listed on the Na- cant demonstrates and the Department finds that ] tional Register of Historic Places that may be ad- of bond for the authorized pollution abatement versely affected by the proposed operations, each applica- area but retain an amount sufficient to cover the tion shall describe the measures to be used to accomplish cost to the Department of reestablishing vegetation the following: if completed by a third party if the operator demonstrates and the Department finds that: ***** Subchapter B. SURFACE ANTHRACITE COAL ***** MINES: MINIMUM ENVIRONMENTAL (3) The operator has complied with one [ either ] of PROTECTION PERFORMANCE STANDARDS the following: § 88.83. Sealing of drilled holes: general require- ***** ments. (ii) Achieved the following: (a) An exploration hole, other drill or borehole, well or other exposed opening (except for holes solely drilled and (A) At a minimum has not caused degradation of the used for blasting), shall be sealed, backfilled or otherwise baseline pollution load as shown by ground and surface managed, as approved by the Department, in order to do water monitoring conducted by the operator or the De- the following: partment for one of the following: ***** (I) For a period of 12 months [ from the date of (2) [ Prevent to the maximum extent possible ] initial bond release under subsection (a), ] prior to minimize disturbance to the prevailing hydrologic bal- the date of application for bond release and until ance. the bond release is approved under subsection (b), ***** if backfilling, final grading, drainage control, topsoiling, and establishment of revegetation to achieve the standard (e) A solid barrier or undisturbed earth, 125 feet (38 of success for revegetation [ set forth ] in § 87.205(a)(5) meters) in radius shall be maintained around all oil and have been completed. gas wells, unless: ***** ***** (2) The Department approves in writing a lesser dis- (c) The Department will release the remaining portion tance provided: of the amount of bond on the authorized pollution abatement area if the applicant demonstrates and the Depart- ***** ment finds that: [ (iii) The well operator agrees in writing to the ***** lesser distance. ] (4) The applicable liability period[ , which shall be § 88.91. Hydrologic balance: general requirements. measured from the date of release of bond under (a) Surface mining activities shall be planned and subsection (b), ] has expired under § 86.151 (relating to conducted to [ prevent, to the maximum extent pos- period of liability). sible, ] minimize disturbances to the prevailing hydro-

PENNSYLVANIA BULLETIN, VOL. 27, NO. 18, MAY 3, 1997 2266 PROPOSED RULEMAKING logic balance in [ both ] the permit and adjacent areas § 88.92. Hydrologic balance: effluent standards. and to prevent material damage to the hydrologic balance outside the permit area. Where the area has (a) Groups of effluent criteria. A person may not allow a been previously mined, the surface mining activity shall discharge of water from an area disturbed by mining be planned and conducted to maximize the abatement of activities which exceeds the following groups of effluent water pollution and the reclamation of the land. criteria. The effluent limitations shall be applied under subsection (b). *****

Group A 30-day Daily Instantaneous Parameter Average Maximum Maximum iron (total) 3.0 mg/l 6.0 mg/l 7.0 mg/l manganese (total) 2.0 mg/l 4.0 mg/l 5.0 mg/l suspended solids 35 mg/l 70 mg/l 90 mg/l pH1 greater than 6.0; less than 9.0 alkalinity greater than acidity1 1 The parameter is applicable at all times. Group B Parameter Instantaneous Maximum iron (total) 7.0 mg/l [ manganese (total) ][5.0 mg/l ] settleable solids 0.5 ml/l pH greater than 6.0; less than 9.0 alkalinity greater than acidity Group C Parameter Instantaneous Maximum pH greater than 6.0; less than 9.0 alkalinity greater than acidity

*****

§ 88.96. Hydrologic balance: sediment control mea- 50% may be approved, if they have a minimum sures. static safety factor of more than 1.3, provide adequate control over erosion, and closely resemble Appropriate sediment control measures shall be designed, constructed and maintained to: the surface configuration of the land prior to mining. In no case may highwalls be left as part of a (1) Prevent, to the [ maximum ] extent possible, con- terrace face. tributions of sediment to streamflow or to runoff outside the affected area. (3) Culverts and underground rock drains may be used on the terrace only when approved by the ***** Department. ] (3) [ Prevent ] Minimize erosion to the [ maximum ] extent possible. ***** ***** (f) All final grading, preparation [ or ]of overburden § 88.118. Backfilling and grading: final slopes. before replacement of soil or suitable vegetation support material shall be [ done along the contour to mini- ***** mize subsequent erosion and instability. If such (c) Cut and fill terraces may be allowed on approval by grading, preparation or placement along the con- the Department in order to conserve soil moisture, ensure tour is hazardous to equipment operators, the grad- stability and control erosion on final graded slopes, if the ing, preparation, or placement in a direction other terraces are compatible with the approved postmining than generally parallel to the contour may be used. land use and are substitutes for construction of lower In all cases, grading, preparation or placement grades on the reclaimed lands. [ The terraces shall shall be ] conducted in a manner which minimizes meet the following requirements: erosion and provides a surface for replacement of soil which will minimize slippage. (1) The vertical distance between terraces shall be as approved by the Department to prevent § 88.133. Postmining land use. excessive erosion and to provide long-term stability. (a) All affected areas shall be restored in a timely (2) The slope of the terrace outslope may not manner to conditions that are capable of supporting the exceed 1v:2h—50%. Outslopes which exceed 1v:2h— uses which they were capable of supporting before min-

PENNSYLVANIA BULLETIN, VOL. 27, NO. 18, MAY 3, 1997 PROPOSED RULEMAKING 2267 ing, or to higher or better uses achievable under criteria [ (6) ] (3) *** and procedures of this section and prior to the release of land from the permit area in accordance with Chapter 86 [ (7) ] (4) *** [ Subchapter E (relating to coal exploration) ], Subchapter F (relating to bonding and insurance [ (8) ] (5) *** requirements). § 88.138. Haul roads and access roads: general. (b) The premining use of land to which the postmining land use is compared shall be determined by the follow- (a) Haul roads and access roads shall be designed, ing: constructed and maintained to [ prevent to the maxi- ***** mum extent possible ] control or prevent erosion and [ to prevent ] contributions of sediment to streams or [ (3) The postmining land use for land that has runoff outside the affected area; air and water pollution; received improper management shall be judged on damage to fish and wildlife or their habitat; flooding and the basis of the premining use of surrounding lands damage to public or private property. Upon completion of that have received proper management. the associated surface mining activities the area dis- (4) The postmining land use of land which was turbed by the road shall be restored in accordance with changed within 5 years of the beginning of mining § 88.144 (relating to haul roads and access shall be judged on the basis of the historic use of roads: restoration) unless retention of the road and its the land as well as its use immediately preceding maintenance plan is approved as part of the postmining mining. ] land use. (c) Alternative land uses will be approved by the ***** Department after consultation with the landowner or the § 88.144. Haul roads and access roads: restoration. land management agency having jurisdiction over the lands and after determining that the following criteria Unless the Department approves retention of a road as are met: suitable for the approved postmining land use in accord- ***** ance with § 88.133 (relating to postmining land use), [ immediately ] as soon as practicable after the road (2) [ The owner of the surface requests in a nota- is no longer needed for the associated surface mining rized written statement that such alternative land activities: use be approved. ] The proposed postmining land use is reasonably likely to be achieved which may ***** be demonstrated by one or more of the following or other similar criteria: Subchapter C. ANTHRACITE BANK REMOVAL AND RECLAMATION: MINIMUM [ (3) ] (i) *** ENVIRONMENTAL PROTECTION PERFORMANCE STANDARDS [ (4) ] (ii) *** § 88.187. Hydrologic balance: effluent standards. [ (5) Plans for the postmining land use are designed and certified by a registered professional (a) Groups of effluent criteria. A person may not allow a engineer, in conformance with professional stan- discharge of water from an area disturbed by mining dards established to assure the stability, drainage activities which exceeds the following groups of effluent and configuration necessary for the intended use of criteria. The effluent limitations shall be applied under the site. ] subsection (b).

Group A 30-day Daily Instantaneous Parameter Average Maximum Maximum iron (total) 3.0 mg/l 6.0 mg/l 7.0 mg/l manganese (total) 2.0 mg/l 4.0 mg/l 5.0 mg/l suspended solids 35 mg/l 70 mg/l 90 mg/l pH1 greater than 6.0; less than 9.0 alkalinity greater than acidity1 1 The parameter is applicable at all times. Group B Parameter Instantaneous Maximum iron (total) 7.0 mg/l [ manganese (total) ][5.0 mg/l ] settleable solids 0.5 ml/l pH greater than 6.0; less than 9.0 alkalinity greater than acidity

PENNSYLVANIA BULLETIN, VOL. 27, NO. 18, MAY 3, 1997 2268 PROPOSED RULEMAKING

Group C Parameter Instantaneous Maximum pH greater than 6.0; less than 9.0 alkalinity greater than acidity

*****

§ 88.191. Hydrologic balance: sediment control [ (7) ] (4) *** measures. [ (8) ] (5) *** Appropriate sediment control measures shall be designed, constructed and maintained to: § 88.231. Haul roads and access roads: general. (1) Prevent, to the [ maximum ] extent possible, con- (a) Haul roads and access roads shall be designed, tributions of sediment to streamflow or to runoff outside constructed and maintained to [ prevent to the maxi- the permit. mum extent possible ] control or prevent erosion and ***** [ to prevent ] contributions of sediment to streams or runoff outside the affected area; air and water pollution; (3) [ Prevent ] Minimize erosion to the [ maximum ] damage to fish and wildlife or their habitat; flooding and extent possible. damage to public or private property. Upon completion of ***** the associated surface mining activities, the area disturbed by the road shall be restored in accordance with § 88.221. Postmining land use. § 88.237 (relating to haul roads and access ***** roads: restoration) unless retention of the road and its (b) The premining use of land to which the postmining maintenance plan is approved as part of the postmining land use is compared shall be determined by the follow- land use. ing: ***** ***** § 88.237. Haul roads and access roads: restoration. [ (3) The postmining land use for land that has Unless the Department approves retention of a road as received improper management shall be judged on suitable for the approved postmining land use in accord- the basis of the premining use of surrounding lands ance with § 88.221 (relating to postmining land use), that have received proper management. [ immediately ] as soon as practicable after the road is no longer needed for the associated surface mining (4) The postmining land use of land which was activities: changed within 5 years of the beginning of mining shall be judged on the basis of the historic use of ***** the land as well as its use immediately preceding Subchapter D. ANTHRACITE REFUSE mining. ] DISPOSAL: MINIMUM ENVIRONMENTAL (c) Alternative land uses shall be approved by the PROTECTION PERFORMANCE STANDARDS Department after consultation with the landowner or the § 88.283. Sealing of drilled holes: general require- land management agency having jurisdiction over the ments. lands and after determining that the following criteria are met: ***** ***** (e) A solid barrier of undisturbed earth, 125 feet (38 meters) in radius shall be maintained around all oil and (2) [ The owner of the surface requests in a nota- gas wells, unless one of the following exists: rized written statement that alternative land use be ***** approved. ] The proposed postmining land use is reasonably likely to be achieved which may be (2) The Department approves, in writing, a lesser demonstrated by one or more of the following or distance, provided that: other similar criteria: ***** [ (3) ] (i) *** [ (iii) The well operator agrees to such lesser [ (4) ] (ii) *** distance. ] [ (5) Plans for the postmining land use are de- ***** signed and certified by a registered professional § 88.291. Hydrologic balance: general require- engineer, in conformance with professional stan- ments. dards established to assure the stability, drainage (a) Coal refuse disposal activities shall be planned and and configuration necessary for the intended use of the site, appropriate professional, who shall ensure conducted to [ prevent, to the maximum extent pos- that the plans conform to applicable accepted stan- sible, ] minimize disturbances to the prevailing hydro- dards for adequate land stability, drainage, vegeta- logic balance in [ both ] the permit and adjacent areas tive cover and esthetic design appropriate for the and to prevent material damage to the hydrologic postmining use of the site. balance outside the permit area. (6) ] (3) *** *****

PENNSYLVANIA BULLETIN, VOL. 27, NO. 18, MAY 3, 1997 PROPOSED RULEMAKING 2269

§ 88.292. Hydrologic balance: effluent standards. (a) Groups of effluent criteria. A person may not allow a discharge of water from an area disturbed by mining activities which exceeds the following groups of effluent criteria. The effluent limitations shall be applied under subsection (b). Group A 30-day Daily Instantaneous Parameter Average Maximum Maximum iron (total) 3.0 mg/l 6.0 mg/l 7.0 mg/l manganese (total) 2.0 mg/l 4.0 mg/l 5.0 mg/l suspended solids 35 mg/l 70 mg/l 90 mg/l pH1 greater than 6.0; less than 9.0 alkalinity greater than acidity1 1 This parameter is applicable at all times. Group B Parameter Instantaneous Maximum iron (total) 7.0 mg/l [ manganese (total) ][5.0 mg/l ] settleable solids 0.5 ml/l pH greater than 6.0; less than 9.0 alkalinity greater than acidity Group C Parameter Instantaneous Maximum pH greater than 6.0; less than 9.0 alkalinity greater than acidity *****

§ 88.296. Hydrologic balance: sediment control land management agency having jurisdiction over the measures. lands and after determining that the following criteria are met: Appropriate sediment control measures shall be designed, constructed and maintained to: (1) The proposed postdisposal land use is compatible (1) Prevent, to the [ maximum ] extent possible, addi- with adjacent land use and applicable land use policies, tional contributions of sediment to streamflow or to runoff plans and programs and Federal, State and local law. A outside the affected area. written statement of the views of the authorities with statutory responsibilities for land use policies and plans ***** is submitted to the Department before refuse disposal activities begin. Any required approval, including any § 88.334. Postdisposal land use. necessary zoning or other changes required for land use (a) All affected areas shall be restored in a timely by local, State or Federal land management agencies, manner to conditions that are capable of supporting the shall be obtained and remains valid throughout the uses which they were capable of supporting before refuse [ surface mining ] coal refuse disposal activities. disposal, or to higher or better uses achievable under criteria and procedures of this section and prior to the (2) [ The owner of the surface shall request in a release of land from the permit area in accordance with notarized written statement that such alternative [ this section (Bonds) ] Chapter 86, Subchapter F land use be approved. ] The proposed postmining (relating to bonding and insurance requirements.) land use is reasonably likely to be achieved which (b) The predisposal use of land to which the may be demonstrated by one or more of the follow- postdisposal land use is compared shall be determined by ing or other similar criteria: the following: [ (3) ] (i) Provision of any necessary public facilities is ***** ensured as evidenced by letters of commitment from parties other than the person who conducts refuse dis- [ (3) The postdisposal land use for land that has posal activities, as appropriate, to provide the public received improper management shall be judged on facilities in a manner compatible with the plans submit- the basis of the predisposal use of surrounding ted under Subchapter A (relating to general provisions). lands that have received proper management. The letters shall be submitted to the Department before (4) The postdisposal land use of land which was [ surface mining ] coal refuse disposal activities be- changed within 5 years of the beginning of mining gin. shall be judged on the basis of the historic use of the land as well as its use immediately preceding [ (4) ] (ii) *** mining. ] [ (5) Plans for the postdisposal land use are de- (c) Alternative land uses shall be approved by the signed and certified by a registered professional Department after consultation with the landowner or the engineer, in conformance with professional stan-

PENNSYLVANIA BULLETIN, VOL. 27, NO. 18, MAY 3, 1997 2270 PROPOSED RULEMAKING dards established to assure the stability, drainage during a period of 6 months prior to the submittal of and configuration necessary for the intended use of the request for bond release under this subsection and the site. until the bond release is approved as shown by all ground and surface water monitoring conducted by the permittee (6) ] (3) *** under § 88.506(1) (relating to operational requirements) [ (7) ] (4) *** or conducted by the Department. ***** [ (8) ] (5) *** (b) The Department will release an additional amount § 88.335. Haul roads and access roads: general. [ not to exceed 35% of the amount of the bond for (a) Haul roads and access roads shall be designed, the authorized pollution abatement area if the constructed and maintained to [ prevent, to the maxi- applicant demonstrates and the Department finds mum extent possible ] control or prevent erosion and that: ] of bond for the authorized pollution abate- [ to prevent ] contributions of sediment to streams or ment area but retaining an amount sufficient to runoff outside the affected area; air and water pollution; cover the cost to the Department of reestablishing damage to fish and wildlife or their habitat; and flooding vegetation if completed by a third party if the and damage to public or private property. Upon comple- operator demonstrates and the Department finds tion of the associated surface mining activities, the area that: disturbed by the road shall be restored in accordance with ***** § 88.341 (relating to haul roads and access roads: restoration) unless retention of the road and its (3) The operator has complied with [ either ] one of maintenance plan is approved as part of the postmining the following: land use. ***** ***** (ii) Achieved all of the following: § 88.341. Haul roads and access roads: restoration. (A) At a minimum has not caused degradation of the Unless the Department approves retention of a road as baseline pollution load as shown by all ground and suitable for the approved postmining land use in accord- surface water monitoring conducted by the operator or ance with § 88.334 (relating to postdisposal land use), the Department: [ immediately ] as soon as practicable after the road (I) For 12 months [ from the date of initial bond is no longer needed for the associated surface mining release under subsection (a) ] prior to the date of activities: application for bond release and until the bond ***** release is approved under subsection (b), if backfilling, final grading, drainage control, topsoiling and estab- Subchapter F. ANTHRACITE UNDERGROUND lishment of revegetation to achieve the standard of MINES success for revegetation [ set forth ] in § 88.505(a)(5) § 88.492. Minimum requirements for reclamation have been completed[ ;or] and operation plan. ***** ***** (c) The Department will release the remaining portion (f) Protection of [ public ] publicly owned parks and of the amount of bond on the authorized pollution abate- historic places. ment area if the applicant demonstrates and the Depart- ment finds that: (1) For [ a public park or historic place ] publicly owned parks or historic places listed on the Na- ***** tional Register of Historic Places that may be ad- (4) The applicable liability period[ , which shall be versely affected by the proposed operations, each applica- measured from the date of release of bond under tion shall describe the measures to be used to accomplish subsection (b), has expired under § 86.151 (relating to the following: ] period of liability). ***** CHAPTER 89. UNDERGROUND MINING OF COAL Subchapter G. ANTHRACITE SURFACE MINING AND COAL PREPARATION FACILITIES ACTIVITIES AND ANTHRACITE BANK REMOVAL Subchapter B. OPERATIONS AND RECLAMATION ACTIVITIES: MINIMUM REQUIREMENTS FOR REMINING AREAS WITH INFORMATION REQUIREMENTS POLLUTIONAL DISCHARGES § 89.38. Archaeological and historical resources [ and ], § 88.509. Criteria and schedule for release of bonds public parks and publicly owned parks. on pollution abatement areas. ***** (a) The Department will release up to [ 50 ] 60% of the amount of bond for the authorized pollution abatement (b) For [ a public park or historic place ] publicly area if the applicant demonstrates and the Department owned parks or historic places listed on the Na- finds that: tional Register of Historic Places that may be adversely affected by the proposed underground mining ***** activities, the plan shall describe the measures to be used (4) The operator has not caused degradation of the to accomplish one of the following: baseline pollution load [ for a minimum ] at any time *****

PENNSYLVANIA BULLETIN, VOL. 27, NO. 18, MAY 3, 1997 PROPOSED RULEMAKING 2271

PERFORMANCE STANDARDS § 89.52. Water quality standards, effluent limitations and best management practices. ***** (c) Effluent limitations. A person may not allow a discharge of water from an area disturbed by underground mining activities, including areas disturbed by mineral preparation, processing or handling facilities which exceeds the following groups of effluent standards. The effluent limitations shall be applied under subsection (d). Group A 30-day Daily Instantaneous Parameter Average Maximum Maximum iron (total) 3.0 mg/l 6.0 mg/l 7.0 mg/l manganese (total) 2.0 mg/l 4.0 mg/l 5.0 mg/l suspended solids 35 mg/l 70 mg/l 90 mg/l pH1 greater than 6.0; less than 9.0 alkalinity greater than acidity1 1 The parameter is applicable at all times. Group B Parameter Instantaneous Maximum iron (total) 7.0 mg/l [ manganese (total) ][5.0 mg/l ] settleable solids 0.5 ml/l pH greater than 6.0; less than 9.0 alkalinity greater than acidity Group C Parameter Instantaneous Maximum pH greater than 6.0; less than 9.0 alkalinity greater than acidity

*****

§ 89.65. Protection of fish, wildlife and related envi- signed, constructed or reconstructed, maintained ronmental values. and used in a manner which, using the best technology currently available prevents: (a) The operator shall to the extent possible, using the best technology currently available, [ prevent ] (1) Damage to fish, wildlife and related environ- minimize disturbances and adverse impacts of the activi- mental values. ties on fish, wildlife and related environmental values, (2) Additional contributions of suspended solids and achieve enhancement of the resources when practi- to streamflow or runoff outside the disturbed area. cable. Contributions may not be in excess of limitations of ***** State or Federal law. ] located, maintained and used in a manner that does the following: (d) The operator shall to the extent possible, using the best technology currently available: (1) Prevents or controls erosion and siltation, water pollution and damage to public or private (1) Locate and operate haul and access roads to [ pre- property. vent ] avoid or minimize impacts to fish and wildlife (2) To the extent possible using the best technol- species or other species protected by State or Federal law. ogy currently available: (2) [ Prevent ] Avoid disturbances to, enhance (i) Minimizes damage to fish, wildlife and related where practicable, or restore, habitats of unusually environmental values. high value for fish and wildlife. (ii) Minimizes additional contributions of sus- ***** pended solids to streamflow or runoff outside the § 89.67. Support facilities. permit area. Contributions may not be in excess of limitations of State or Federal law. (a) Support facilities required for, or used incidentally ***** to, the operation of the underground mine, including, but not limited to, mine buildings, coal loading facilities at or Subchapter C. RECLAMATION near the mine site, coal storage facilities, equipment PERFORMANCE STANDARDS storage facilities, fan buildings, hoist buildings, prepara- § 89.82. Protection of fish, wildlife and related envi- tion plants, sheds, shops and other buildings, shall be ronmental values. [ designed, constructed or reconstructed, and located to prevent or control erosion and sedimenta- (a) The operator shall, to the extent possible using tion, water pollution and damage to public or the best technology currently available, [ prevent ] private property. Support facilities shall be de- minimize disturbances and adverse impacts [ of the

PENNSYLVANIA BULLETIN, VOL. 27, NO. 18, MAY 3, 1997 2272 PROPOSED RULEMAKING reclamation activities ] on fish, wildlife and related previously supported, if the land had not been previously environmental values, and achieve enhancement of the mined and had been properly managed. resources where practicable. ***** (b) The operator shall promptly report to the Depart- [ (2) The postmining land use for land that has ment the presence in the permit area of threatened or received improper management shall be judged on endangered species under State or Federal laws of which the basis of the premining use of surrounding lands that person becomes aware and which was not previously that have received proper management. reported to the Department by that person. Upon notification, the Department will consult with the Game Com- (3) If the premining use of the land was changed mission or the Fish and Boat Commission and appropri- within 5 years of the beginning of mining, the ate Federal fish and wildlife agencies and, after comparison of postmining use to premining use consultation, identify whether, and under what condi- shall include a comparison with the historic use of tions, the operator may proceed. the land as well as its use immediately preceding mining. ] (c) The operator shall, to the extent possible using the best technology currently available: (c) Alternative land uses may be approved by the Department after consultation with the landowner or the ***** land management agency having jurisdiction over the (e) Underground mining activities may not be con- lands, provided that: ducted which are likely to jeopardize the continued ***** existence of endangered or threatened species listed by the Secretary of the Interior, the Game Commission or (2) The proposed postmining land use is reason- the Fish and Boat Commission or which are likely to ably likely to be achieved which may be demon- result in the destruction or adverse modification of desig- strated by the following or other similar criteria: nated critical habitats of these species in violation of the [ (2) ] (i) *** Endangered Species Act of 1973, the act of December 28, 1973 (Pub. L. No. 93-205) (87 Stat. 884). [ (3) Plans for the postmining land use are designed under the general supervision of a regis- § 89.87. Regrading or stabilizing rills and gullies. tered professional engineer, or other appropriate [ (a) When rills or gullies deeper than 9 inches professional, who will ensure that the plans conform in areas that have been regraded and have form to applicable accepted standards for adequate had topsoil applied, the rills and gullies shall be land stability, drainage, vegetative cover and es- filled, graded or otherwise stabilized and the areas thetic design appropriate for the postmining use of reseeded or replanted according to § 89.86 (relating the site. ] to revegetation). The Department may specify that (4) (3) *** rills or gullies of lesser size be stabilized, and the [ ] area reseeded or replanted, if the rills or gullies are [ (5) ] (4) *** disruptive to the approved postmining land use or may result in additional erosion and sedimentation. [ (6) ] (5) *** (b) The regrading or stabilization of rills and [ (7) ] (6) *** gullies to include the reseeding or replanting shall be completed no later than the first normal period ***** for favorable planting as established within § 89.86, § 89.90. Restoration of roads. except rills or gullies contributing to impacts out- (a) Unless the Department approves retention of a road side the permit area or those rills or gullies occurring after removal of erosion and sedimentation as suitable for the approved postmining land use, [ im- control structures shall be stabilized immediately. ] mediately ] as soon as practicable after the road is no longer needed for operations, reclamation or monitoring: (a) Exposed surface areas shall be protected and stabilized to effectively control erosion and air ***** pollution attendant to erosion. (4) Roadbeds shall be ripped[ , plowed and ] or scari- (b) Rills and gullies, which form in areas that fied. have been regraded and topsoiled and which do ***** one of the following shall be filled, regraded or otherwise stabilized: CHAPTER 90. COAL REFUSE DISPOSAL (1) Disrupt the approved postmining land use or Subchapter A. GENERAL PERMIT AND the reestablishment of the vegetative cover. APPLICATION REQUIREMENTS FOR COAL REFUSE DISPOSAL (2) Cause or contribute to a violation of water quality standards for receiving streams. § 90.1. Definitions. (c) For areas listed in subsection (b), the topsoil The following words and terms, when used in this shall be replaced, and the areas shall be reseeded chapter, have the following meanings, unless the context or replanted. clearly indicates otherwise: § 89.88. Postmining land use. ***** ***** Land use—Specific uses or management-related activities, rather than the vegetation or cover of the land. Land (b) The premining use of land to which the postmining uses may be identified in combination when joint or land use is compared shall be those uses which the land seasonal uses occur. Changes of land use from one of the

PENNSYLVANIA BULLETIN, VOL. 27, NO. 18, MAY 3, 1997 PROPOSED RULEMAKING 2273 following categories to another shall be considered as a ***** change to an alternative land use which is subject to (iii) The well operator agrees in writing to the approval by the Department. [ lesser distance. ] ***** ***** (x) Unmanaged natural habitat. Idle land which does not require a specific management plan after § 90.97. Topsoil: removal. the reclamation and revegetation have been accom- ***** plished. (c) If topsoil is less than 12 inches (30.48 centime- ***** ters), a 12-inch (30.48 centimeters) layer of topsoil, Subchapter C. MINIMUM OPERATION AND subsoil and unconsolidated materials shall be removed, RECLAMATION PLAN INFORMATION REQUIRED segregated, conserved and replaced as the final surface IN APPLICATIONS FOR COAL REFUSE DISPOSAL soil layer. If the topsoil and all unconsolidated material measures less than 12 inches (30.48 centimeters), all § 90.40. Protection of [ public ] publicly owned parks the topsoil, subsoil and unconsolidated material shall be and historic places. removed and the mixture segregated and redistributed as the final surface soil layer. (a) For [ public park or historic places ] publicly owned parks or historic places listed on the Na- ***** tional Register of Historic Places that may be ad- (f) When approved by the Department, in writing, versely affected by the proposed coal refuse disposal other material may be substituted or used as a supple- activities, each application shall describe the measures to ment to topsoil if the operator demonstrates that the be used to accomplish the following: resulting soil medium is equal or more suitable than topsoil for sustaining vegetation and soil productivity. In (1) To prevent Prevent adverse impacts and meet [ ] making this demonstration, the Department may require the requirements of Chapter 86, Subchapter D (relating chemical and physical analyses of the substituted mate- to areas unsuitable for mining). rial and [ subsoil ] topsoil. These analyses may include (2) [ To minimize ] Minimize adverse impacts if determinations of pH, net acidity or alkalinity, phospho- valid existing rights exist or joint agency approval is to be rus, potassium, texture class, field site trials or green- obtained under Chapter 86, Subchapter D. house tests or other analyses as required by the Depart- ***** ment. § 90.101. Hydrologic balance: general require- Subchapter D. PERFORMANCE [ STANDARD ] ments. STANDARDS FOR COAL REFUSE DISPOSAL (a) Coal refuse disposal activities shall be planned and § 90.93. Casing and sealing of drilled holes and conducted to [ prevent, to the maximum extent pos- underground workings. sible, changes ] minimize disturbances to the prevail- ***** ing hydrologic balance in the permit and adjacent areas (d) Gas and oil wells shall be sealed in accordance with and to prevent material damage to the hydrologic [ the requirements of ] the [ Gas Operations, Well- balance outside the permit area. Drilling, Petroleum and Coal Mining Act (52 P. S. ***** §§ 2101—2602). ] Oil and Gas Act (58 P. S. § 90.102. Hydrologic balance: water quality stan- §§ 601.101—601.605.) dards, effluent limitations and best management (e) A solid barrier of undisturbed earth, 125 feet (38 practices. meters) in radius, shall be maintained around all oil and (a) A person may not allow a discharge of water from gas wells, unless one of the following happens: an area disturbed by coal refuse disposal activities, including areas disturbed by mineral preparation, pro- ***** cessing or handling facilities which exceeds the following (2) The Department approves, in writing, a lesser groups of effluent criteria. The effluent imitations are to distance, provided: be applied under subsection (b).

PENNSYLVANIA BULLETIN, VOL. 27, NO. 18, MAY 3, 1997 2274 PROPOSED RULEMAKING

Parameter Instantaneous Maximum settleable solids 0.5 ml/l pH greater than 6.0; less than 9.0 alkalinity greater than acidity Group C Parameter Instantaneous Maximum pH greater than 6.0; less than 9.0 alkalinity greater than acidity

*****

§ 90.106. Hydrologic balance: erosion and sedimen- § 90.147. Support facilities and utility installations. tation control. (a) Support facilities required for, or used incidentally (a) Appropriate erosion and sediment control measures to, the operation of the coal refuse disposal area, includ- shall be designed, constructed and maintained using the ing, but not limited to, buildings, coal loading facilities at best technology currently available to: or near the coal refuse disposal site, coal storage facilities, equipment storage facilities, fan buildings, hoist (1) Prevent, to the [ maximum ] extent possible, con- buildings, preparation plants, sheds, shops and other tributions of sediment to stream flow or to runoff outside buildings, shall be [ designed, constructed or recon- the affected area. structed, and located to prevent or control erosion and siltation, water pollution, and damage to public ***** or private property. Support facilities shall be designed, constructed or reconstructed, maintained (3) Prevent Minimize erosion to the maximum [ ] [ ] and used in a manner which prevents, using the extent possible. best technology currently available: ***** (1) Damage to fish, wildlife and related environmental values. § 90.134. Haul roads and access roads: general. (2) Additional contributions of suspended solids (a) Haul roads and access roads shall be designed, to streamflow or runoff outside the permit area. constructed and maintained to [ minimize erosion and The contributions may not be in excess of limita- to prevent: ] control or prevent contributions of sedi- tions of State or Federal law. ] located, maintained ment to streams or runoff outside the affected area; and used in a manner that does the following: flooding; air and water pollution; damage to fish and (1) Prevents or controls erosion and siltation, wildlife or their habitat; and damage to public or private water pollution and damage to public or private property. To ensure environmental protection appropriate property. for their planned duration and use, including consideration of the type and size of equipment used, the design (2) To the extent possible using the best technol- and construction or reconstruction of roads shall incorpo- ogy currently available: rate appropriate limits for grade, width, surface materi- (i) Minimizes damage to fish, wildlife and related als, surface drainage control, culvert placement and cul- environmental values. vert size, in accordance with current, prudent engineering practices, and necessary design criteria established by the (ii) Minimizes additional contributions of sus- Department. Upon completion of the associated surface pended solids to streamflow or runoff outside the mining activities, the area disturbed by the road shall be permit area. These contributions may not be in restored in accordance with § 90.140 (relating to haul excess of limitations of State or Federal law. roads and access roads: restoration) unless retention of ***** the road and its maintenance plan are approved as part § 90.150. Protection of fish, wildlife and related of the postmining land use. environmental values. ***** (a) A person conducting coal refuse disposal activities shall, to the extent possible using the best technology § 90.140. Haul roads and access roads: restoration. currently available: Unless the Department approves retention of a road as (1) [ Prevent ] Minimize disturbances and adverse suitable for the approved postdisposal land use in accord- impacts of the activities on fish, wildlife and related ance with § 90.166 (relating to postdisposal land use), environmental values, and achieve enhancement of the [ immediately ] as soon as practicable after the road resources when practical. is no longer needed for operations, reclamation or monitoring: (2) [ Prevent ] Locate and operate haul and access roads to avoid or minimize impacts to fish and ***** wildlife species or other species protected by State or Federal law. (4) Roadbeds shall be ripped[ , plowed and ] or scari- fied. (3) [ Prevent ] Avoid disturbance to, enhance where practicable, or restore, habitats of unusually high ***** value for fish and wildlife.

PENNSYLVANIA BULLETIN, VOL. 27, NO. 18, MAY 3, 1997 PROPOSED RULEMAKING 2275

***** (4) The postdisposal land use of land which was (b) A person who conducts coal refuse disposal activi- changed within 5 years of the beginning of coal ties shall promptly report to the Department the presence refuse disposal activities shall be judged on the in the permit area of threatened or endangered species basis of the historic use of the land as well as its under State or Federal laws of which that person becomes use immediately preceding disposal. ] aware and which was not previously reported to the (c) Alternative land uses may be approved by the Department by that person. Upon notification, the De- Department after consultation with the landowner or the partment will consult with the Game Commission or the land management agency having jurisdiction over the Fish and Boat Commission and appropriate Federal fish lands and after determining that the following criteria and wildlife agencies and, after consultation, will identify are met: whether, and under what conditions, the operator may proceed. ***** ***** (2) [ The owner of the surface requests in a nota- (d) Coal refuse disposal activities may not be conducted rized written statement that such alternative land which are likely to jeopardize the continued existence of use be approved. ] The proposed postmining land endangered or threatened species listed by the Secretary use is reasonably likely to be achieved which may of the Interior, the Game Commission or the Fish and be demonstrated by one or more of the following or Boat Commission or which are likely to result in the other similar criteria: destruction or adverse modification of designated critical habitats of the species in violation of the Endangered [ (3) ] (i) *** Species Act of 1973, act of December 28, 1973 (Pub. L. No. 93-205, 87 Stat. 884). [ (4) ] (ii) *** § 90.166. Postdisposal land use. [ (5) ] (iii) *** (a) Prior to the release of land from permit area in accordance with Chapter 86 [ Subchapter E (relating [ (6) Plans for the postdisposal land use are designed and certified by a registered professional to coal exploration) ], Subchapter F (relating to engineer, in conformance with professional stan- bonding and insurance requirements), all affected dards established to assure the stability, drainage areas shall be restored in a timely manner to conditions and configuration necessary for the intended use of that are capable of supporting the uses which they were the site. capable of supporting before any coal refuse disposal ] activities, or to higher or better uses achievable under [ (7) ] (3) *** criteria and procedures of this section. (b) The predisposal use of land to which the [ (8) ] (4) *** postdisposal land use is compared shall be determined by the following: [ (9) ] (5) *** ***** [Pa.B. Doc. No. 97-725. Filed for public inspection May 2, 1997, 9:00 a.m.] [ (3) The postdisposal land use for land that has received improper management shall be judged on the basis of the predisposal use of surrounding lands that have received proper management.

PENNSYLVANIA BULLETIN, VOL. 27, NO. 18, MAY 3, 1997